Section 2 CIPAA provides that it applies to “every construction contract made in writing“. The AIAC had issued a Circular No 03 to define what it understands to be a contract… Read More Are oral amendments of written contracts covered by CIPAA?
We are one week away from Chinese New Year. I thought this would be a good time to stay away from heavier technical topics and present a lighter article instead… Read More Good Writing Habits
Section 28(2) CIPAA makes it clear that the High Court can enforce an adjudication decision “either wholly or partly”. The question is, to what extent can the High Court enforce… Read More Scope of partial enforcement of adjudicator’s awards
The case of Selva Kumar a/l Murugiah v Thiagarajah a/l Retnasamy had been a cause of many an advocate’s nightmare. Once liability has been established, you must still strictly proof damage… Read More Federal Court finally puts Selva Kumar to rest
Under the PAM Form, any errors or omissions in the Contract Bills shall not vitiate the contract, but can be corrected by the Architect or Consultant. When such errors are… Read More Can a QS be held liable to a contractor for errors in BQ?
Today is 31 December 2018, and as I pen this post, it is already past work hours. So 2018 work is officially a wrap. There are certain KPIs that we… Read More A wrap for 2018- our key performance indicator
When a contracting party breaches the contract, this would usually lead to a claim in damages. However, there is a category of breach that is more serious in nature, known… Read More Short, old folks can’t possibly be a threat – on repudiatory breach
An employer may be entitled to terminate a contract if the contractor has failed to proceed with the works “regularly and diligently”. However, what does that phrase mean? There was… Read More What is the meaning of “regularly and diligently”?
If construction works have been certified by a QS, and it was subsequently found that these works were defective, can the QS be held liable for the over-certification? A case… Read More Can a QS be liable for over-certification of defective works?