Construction Adjudication In Malaysia, 3rd Edition | 2022 (E-book)

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Construction Adjudication In Malaysia, 3rd Edition By Lam Wai Loon 

Author Lam Wai Loon & Ivan YF Loo
Publication Date Mar, 2022
ISBN 9789672723271
Publisher Sweet & Maxwell


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“This latest edition must be given its rightful place in the armoury of anyone associated with construction law and statutory adjudication.”

From the Foreword by
Dato’ Mary Lim Thiam Suan
Judge of the Federal Court
“I am more than confident that this book would find a permanent place in the library of all construction practitioners, be they adjudicators, claims consultants, lawyers, and of the courts as well.”
From the Foreword by
Dato’ Lee Swee Seng
Judge of the Court of Appeal
“… the CIPAA is not a straightforward statute to navigate. Legal commentaries are needed to guide users. This treatise is one of them. … [It] has been well received and referred in many Malaysian court cases including by the appellate courts …”
From the Foreword by
Dato’ Lim Chong Fong
Judge of the High Court

About the Book of Construction Adjudication In Malaysia, 3rd Edition

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.

Key developments of Construction Adjudication In Malaysia
  • 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

1. Introduction
2. Commencement and Scope of the CIPA Act 2012
3. Definitions
4. Payment Claim
5. Payment Response
6. Initiation of Adjudication Proceeding
7. Appointment of Adjudicator
8. Adjudication Claim, Response and Reply
9. Duties and Obligations of an Adjudicator
10. Adjudicator’s Powers
11. Jurisdiction of the Adjudicator
12. Consolidation, Withdrawal and Concurrent Reference
13. Adjudication Decision
14. Costs, Fees and Expenses
15. Setting Aside of Adjudication Decision
16. Stay of Adjudication Decision
17. Enforcement of Adjudication Decision
18. AIAC: The Designated Adjudication Authority
19. Conditional Payment Provisions Outlawed
20. Confidentiality of Adjudication Proceeding and Adjudicator’s Immunity
21. Service of Notices and Documents
22. Practice Guide
23. Appendices

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