Case Spotlight: Timeline For Adjudication Is Based On Location Of The Project Site

Adjudication under the Construction Industry Payment and Adjudication Act 2012 ("CIPAA") has strict timelines to be complied with, and that is the one main purposes of this dispute resolution mechanism – speed.

The Court of Appeal decision of Encorp Iskandar Development Sdn Bhd v Konsortium Ipmines Merz Sdn Bhd [2023] 1 LNS 1788 explored how a misinterpretation of the timeline required to deliver the adjudication decision resulted in the decision being set aside.

Brief facts

• The Appellant, Encorp Iskandar Development Sdn Bhd ("Encorp"), is the owner of a mixed development project where the Respondent, Konsortium Ipmines Merz Sdn Bhd ("Ipmines"), was its sub-contractor.