Kuala Lumpur
Construction payment adjudication
MyContractSolutions is a construction claim consultancy. It advises contractors, subcontractors, suppliers and consultants on payment disputes under CIPAA 2012, and on the contractual claims that arise with them.
The practice
Construction cases, claimed or defended
Instructions are taken on payment disputes, and on the contractual claims that travel with them. Tribunals, tenancy, employment and wills are also undertaken.
CIPAA payment claims
An unpaid sum for work done, services, or materials under a construction contract.
Responding to a claim
A payment claim or a notice of adjudication already served on you.
Time and damages
Extension of time, liquidated damages, and a programme that is in dispute.
Certification
Missing or reduced certificates, retention, back-charges, and termination.
Arbitration
Where the contract sends the dispute to arbitration rather than to court.
Published figures
CIPAA 2012 has been in force since 15 April 2014.
An instruction
How an instruction proceeds
01
Read
The contract, the programme, the certificates and the correspondence are read with the project team before any notice is served.
02
Identify
The provision that governs the dispute is identified. That may be a payment claim under CIPAA, a contractual claim, or both.
03
Advise
The route is stated plainly. An unpaid sum may go to adjudication. A wider dispute, or an arbitration clause, may go to arbitration. Time, damages and termination stay on the contract.
04
Prepare
The claim or the response is prepared, the working-day periods are kept, and the instruction continues through the decision. Enforcement, where it is taken, is a separate step.
Also undertaken
Answers
Questions ordinarily asked
- Who may instruct MyContractSolutions?
- Contractors, subcontractors, suppliers and consultants. A payment claim and a defence are both accepted. The firm are consultants, not advocates and solicitors. Read on
- Is the consultation free of charge?
- The online consultation is free of charge, including by Zoom. Attendance at the office is by appointment. Read on
- What does a CIPAA instruction cost?
- The standard fee is from RM4,000. Where the firm is instructed on the adjudication, enforcement may be subsidised by up to RM10,000. Any other subsidy is stated in the engagement. Read on
- How long does the work take?
- About 100 working days is the firm’s span to review a matter and complete the adjudication. It is not the sum of the statutory periods. Read on
- Where is the office?
- B-5-8, Block B, Plaza Mont Kiara, 2, Jalan Kiara, Mont Kiara, 50480 Kuala Lumpur. Monday to Friday, 9:00am–5:00pm, by appointment. Read on
- When does CIPAA apply?
- CIPAA applies to a construction contract made in writing for construction work carried out wholly or partly in Malaysia, including certain contracts with the Government. The exceptions are set out below. Read on
- Is CIPAA compulsory?
- An unpaid party is not obliged to commence adjudication. A non-paying party may not contract out of the Act, or refuse to participate in order to defer payment. Read on
- How is a CIPAA decision enforced?
- Enforcement is by application to the High Court under section 28 of CIPAA. Once the decision is entered as a judgment, the ordinary modes of execution are available. Read on
The CIPAA guide sets out the further questions, each with its answer.