Kuala Lumpur · A disputes practice since 2009
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03 · What We Do

Construction Disputes & Adjudication

Construction disputes are won on the programme, the payment certificate and the extension-of-time claim. We act for employers, contractors and subcontractors, and we choose the forum — adjudication, arbitration or court — by what actually gets you paid or protected fastest.

Payment, delay and defects disputes — resolved by statutory adjudication under CIPAA 2012, arbitration, or litigation, whichever the contract and the cash-flow demand.

Where it is heardAdjudication under CIPAA 2012 · Arbitration · High Court · AIAC as adjudication authority

What we handle

  • Statutory adjudication under CIPAA 2012 — claiming and defending payment claims
  • Enforcement of adjudication decisions (s.28) and stay applications (s.16)
  • Setting aside adjudication decisions (s.15)
  • Construction arbitration under PAM, PWD, CIDB and FIDIC forms
  • Delay, disruption, extension-of-time and liquidated-damages disputes
  • Defects, final-account and variation disputes
A high-rise construction site at warm dusk with a tower crane
How we run it

Our approach to a construction & cipaa matter

01

Fix the payment position

Under CIPAA, cash flows to the party with the better-documented claim. We get the payment claim or payment response right, because the adjudicator works largely from the papers and a short timetable.

02

Run the adjudication

Adjudication is fast — a decision usually within 45 working days of the response. We prepare the whole case up front, because there is no time to build it as you go.

03

Enforce or resist

A decision can be enforced as a judgment under s.28, stayed under s.16, or set aside under s.15 on limited grounds. We move quickly on whichever applies to you.

04

The final reckoning

Adjudication decides payment on an interim basis. The final account may still go to arbitration or court, and we position the adjudication so it helps, not hinders, the larger dispute.

Who does this work

The team for construction & cipaa

Rajesh Kumaran, Partner at Cheah Menon

Rajesh Kumaran

Partner
Construction Disputes & CIPAA Adjudication
Read profile →
Common questions

Construction & CIPAA: the questions we are asked

How fast is a CIPAA adjudication?

Fast by design. Once the payment claim and response are served, the adjudicator is generally required to decide within 45 working days. Because the timetable is short and largely document-driven, the case must be substantially ready before it begins — which is where early advice pays for itself.

The other side won an adjudication. Must we pay immediately?

An adjudication decision is binding and enforceable as a judgment unless and until it is set aside, stayed or finally decided otherwise in arbitration or court. There are limited grounds to set it aside (s.15) or to stay enforcement (s.16). Speak to us at once — the windows are short.

Does adjudication stop us from arbitrating?

No. Adjudication decides payment on an interim basis only. The dispute can still be finally determined by arbitration or the court under your contract, and the final tribunal is not bound by the adjudicator’s view.

Speak to us

The first conversation is on us.

We offer a complimentary 30-minute consultation to scope a dispute and tell you, plainly, whether you have a matter worth pursuing and what it is likely to involve. Write to us with the outline and the right team will respond within one working day.

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