Construction Adjudication In Malaysia, 3rd Edition | 2022
Construction Adjudication In Malaysia, 3rd Edition By Lam Wai Loon
|Author||Lam Wai Loon & Ivan YF Loo|
|Publication Date||Mar, 2022|
||Hardcover + Ebook|
|Publisher||Sweet & Maxwell|
“This latest edition must be given its rightful place in the armoury of anyone associated with construction law and statutory adjudication.”
Judge of the High Court
In Malaysia, construction adjudication explores the legal concepts that govern the implementation of the CIPA Act 2012. It studies and analyses the majority of significant judicial decisions on construction adjudication issued by Malaysian, British, New Zealand, Australian, and Singaporean courts. There have been almost 200 recorded judicial decisions from Malaysian courts since the publication of the second edition, including the Federal Court judgements in Jack-In-Pile (M) Sdn Bhd v Bauer (M) Sdn Bhd and Ireka Engineering & Construction Sdn Bhd v PWC Corp Sdn Bhd.
The book provides in-depth and practical guidance on all stages of the adjudication process, from the filing of a payment claim to the initiation of adjudication proceedings, the management of the adjudication proceedings up to the delivery of the adjudication decision, as well as enforcement, stay, and challenge of adjudication decisions, in 22 logically organised chapters. This is followed by an easy-to-understand and detailed Practice Guide that lays out a step-by-step structure for navigating the entire adjudication process successfully.
The current work is a revised and improved edition of the highly praised first and second editions, which have been dubbed a "seminal" book on Malaysian adjudication and are frequently cited in Malaysian court judgements. This version will continue to be a valuable resource for judges, legal practitioners, adjudicators, and students, as well as employers, contractors, subcontractors, suppliers, and consultants in the construction industry.
- Scope of application of the CIPA Act 2012
- Scope of the exclusion provision under s 3 of the CIPA Act 2012
- Rights of a successful party under an adjudication decision, including the right to present a winding-up petition based on an adjudication decision
- Meaning of ‘payment’ under s 4 of the CIPA Act 2012, including whether it includes final account claims, and loss and expense claims
- Power of the court to sever an adjudication decision, and enforce only the good part of the decision
- The test for establishing ‘possibility of or apparent bias’
- Requirement of ‘clear and unequivocal error’ in View Esteem explained
- Meaning of ‘fraud’ under s 15(a) of the CIPA Act 2012 defined
- Extent of immunity of Director or Acting Director of the AIAC
- Recent cases on setting aside and stay of adjudication decisions
- An updated Practice Guide on Adjudication
TABLE OF CONTENTS of Construction Adjudication In Malaysia
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