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ARTICLE · 02 MAY 2014

Construction Industry Payment And Adjudication Act 2012 Comes Into Operation In Malaysia

Adjudication is now a well established method of resolving disputes in the construction field in the UK, Australia, New Zealand and Singapore.

GlobalReal Estate and Construction
Goodman Derrick LLP
Goodman Derrick LLP

Adjudication is now a well established method of resolving disputes in the construction field in the UK, Australia, New Zealand and Singapore. In 2012, Malaysia followed this lead by passing an Act intended to introduce adjudication into Malaysia. This was the Construction Industry Payment and Adjudication Act 2012 ("CIPAA").

There has been some delay in CIPAA coming into operation but the Minister of Works has now approved suitable Regulations and an Exemption Order to accompany CIPAA and the Act came into operation on 15 April 2014.

CIPAA (the full text of which is available at www.klrca.org.my/rules/adjudication) introduces a system which is in many ways more straightforward than that used in the UK. There is no provision for payment notices, pay less notices and the like; instead, a party who considers itself to be unpaid on a construction contract may serve a Payment Claim. Unless that claim is admitted within 10 working days, the unpaid party has the

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