Kuala Lumpur & Johor·Construction disputes since 2014
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Advice on construction contracts, payment mechanisms and dispute clauses before the dispute — so the paperwork protects you when it matters.
Practice 05

Contract advisory & risk

Most construction disputes are shaped long before they happen, by what the contract says about payment, time, variations and dispute resolution. We advise contractors, employers and consultants on getting those provisions right, and on the practical steps — records, notices, certificates — that preserve entitlements during the works.

Payment and the shadow of CIPAA

CIPAA overrides conditional-payment (“pay-when-paid”) clauses and gives statutory rights to progress payment, suspension and direct payment. We advise on drafting payment terms that work with the Act rather than against it, and on the notices and records that make later recovery straightforward.

Time, variations and notices

The contract’s machinery for extensions of time, variations and loss and expense usually depends on notices being given within stated periods. Entitlements are routinely lost because a notice was late or never given. We help clients build the discipline that keeps those entitlements alive.

Choosing the dispute forum

The dispute-resolution clause decides where and how a future fight will be conducted. We advise on adjudication, arbitration and litigation options, on institutional versus ad hoc arbitration, and on the interaction between the contract’s clause and the statutory right to adjudicate.

How we help

  • Review of construction and consultancy contracts
  • Payment, suspension and set-off provisions
  • Extension-of-time, variation and notice regimes
  • Dispute-resolution and arbitration clauses
  • Bonds, guarantees and retention mechanisms
  • Project-level dispute-avoidance protocols

Common questions

Are “pay-when-paid” clauses enforceable in Malaysia?
No. Section 35 of CIPAA renders conditional-payment provisions — including pay-when-paid and pay-if-paid — void in respect of construction contracts. A payment obligation cannot be made conditional on the payer first being paid by a third party.
Speak to counsel

A payment claim just landed? The clock has already started.

Construction disputes run on deadlines — statutory and contractual. Tell us where you are and we will tell you, plainly, what your position is and what the next working days require. The first conversation is complimentary.

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