If you were the lowest bidder in a tender, would you win the contract? How about if you were the only bidder? In the old case of Spencer v Harding, there… Read More The cheapest may not win
Section 25(d) CIPAA allows an adjudicator to appoint independent experts to inquire and report on certain matters with the consent of the parties. It would seem therefore, that, consent of both… Read More Appointment of expert by Adjudicator
If a construction contract is subject to foreign law, and parties have submitted to the jurisdiction of a foreign court, can CIPAA apply? YES. CIPAA is a statute, and will… Read More Can CIPAA apply when the contract is subject to foreign law?
S.15 CIPAA provides that breach of natural justice or excess of jurisdiction are among grounds to set aside an Adjudication Decision. However, if a party fails to apply to set… Read More Is breach of natural justice a defence to enforcement of Adjudication Decision?
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?