Statutory adjudication under CIPAA 2012
Payment disputes in the construction industry has been something peculiar compared to many other industries. In the construction industry, it is common that payment is made progressively upon progress payment certificates. However, when an employer refuses to pay...
| Main Authors: | , |
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| Format: | Book Chapter |
| Language: | English |
| Published: |
The Malaysian Current Law Journal Sdn Bhd
2020
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| Subjects: | |
| Online Access: | http://irep.iium.edu.my/78654/ http://irep.iium.edu.my/78654/1/78654_Statutory%20adjudication%20under%20CIPAA%202012.pdf |
| _version_ | 1848788645063950336 |
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| author | Ali Mohamed, Ashgar Ali Kasi, Arun |
| author_facet | Ali Mohamed, Ashgar Ali Kasi, Arun |
| author_sort | Ali Mohamed, Ashgar Ali |
| building | IIUM Repository |
| collection | Online Access |
| description | Payment disputes in the construction industry has been something peculiar compared to many other industries. In the construction industry, it is common that payment is made progressively upon progress payment certificates. However, when an employer refuses to pay for whatsoever reason, this puts the contractor in a dilemma. This is because if the contractor stops or slows down work, the contractor may be found to be in breach if ultimately, it turns out that the employer has rightfully disputed the payment. At the same time, to go on with the work without payment pending time-consuming resolution of the dispute through courts with multiple layers of appeal or arbitration, could put the contractor in great financial distress. Not only that, the contractor may face the risk of continued default by the employer if he goes on to carry out the work |
| first_indexed | 2025-11-14T17:44:07Z |
| format | Book Chapter |
| id | iium-78654 |
| institution | International Islamic University Malaysia |
| institution_category | Local University |
| language | English |
| last_indexed | 2025-11-14T17:44:07Z |
| publishDate | 2020 |
| publisher | The Malaysian Current Law Journal Sdn Bhd |
| recordtype | eprints |
| repository_type | Digital Repository |
| spelling | iium-786542023-05-02T08:11:37Z http://irep.iium.edu.my/78654/ Statutory adjudication under CIPAA 2012 Ali Mohamed, Ashgar Ali Kasi, Arun K Law (General) Payment disputes in the construction industry has been something peculiar compared to many other industries. In the construction industry, it is common that payment is made progressively upon progress payment certificates. However, when an employer refuses to pay for whatsoever reason, this puts the contractor in a dilemma. This is because if the contractor stops or slows down work, the contractor may be found to be in breach if ultimately, it turns out that the employer has rightfully disputed the payment. At the same time, to go on with the work without payment pending time-consuming resolution of the dispute through courts with multiple layers of appeal or arbitration, could put the contractor in great financial distress. Not only that, the contractor may face the risk of continued default by the employer if he goes on to carry out the work The Malaysian Current Law Journal Sdn Bhd 2020 Book Chapter PeerReviewed application/pdf en http://irep.iium.edu.my/78654/1/78654_Statutory%20adjudication%20under%20CIPAA%202012.pdf Ali Mohamed, Ashgar Ali and Kasi, Arun (2020) Statutory adjudication under CIPAA 2012. In: Alternative dispute resolution: law & practice. The Malaysian Current Law Journal Sdn Bhd, Ampang, Selangor, pp. 791-806. ISBN 978-967-457-144-3 |
| spellingShingle | K Law (General) Ali Mohamed, Ashgar Ali Kasi, Arun Statutory adjudication under CIPAA 2012 |
| title | Statutory adjudication under CIPAA 2012 |
| title_full | Statutory adjudication under CIPAA 2012 |
| title_fullStr | Statutory adjudication under CIPAA 2012 |
| title_full_unstemmed | Statutory adjudication under CIPAA 2012 |
| title_short | Statutory adjudication under CIPAA 2012 |
| title_sort | statutory adjudication under cipaa 2012 |
| topic | K Law (General) |
| url | http://irep.iium.edu.my/78654/ http://irep.iium.edu.my/78654/1/78654_Statutory%20adjudication%20under%20CIPAA%202012.pdf |