Category Archives: News

A Contractor’s Claims in Adjudication against the Sub-Contractor

When a contractor takes over the sub-contractor’s works, can the contractor make a claim in adjudication against the sub-contractor? Scenarios as such are not uncommon as contractors may be obliged take over the sub-contractor’s works when the sub-contractor can no longer proceed with its work, refuses to carry out rectification works, or worst, abandons the project altogether.

Contractors who find themselves in such circumstances and wish to make a claim against the sub-contractors by way of an adjudication under the Construction Industry Payment and Adjudication Act 2012 (“CIPAA”) should be wary of the recent High Court case, Hiform (M) Sdn Bhd v Pembinaan Bukit Timah Sdn Bhd and another case.

Understanding the Proclamation of Emergency in Malaysia

On 11 January 2021, the Yang di-Pertuan Agong declared a nationwide state of emergency that will be enforced until 1 August 2021 (“Proclamation of Emergency”). To understand the effect of such proclamation, it is necessary to take a glimpse into the foundation of the Federal Constitution (“FC”).

COVID-19: The Ultimate Tipping Point for the 21st Century!

Our partners, Gan Khong Aik and Bahari Yeow will be speaking at a public lecture titled “COVID-19: The Utimate Tipping Point for the 21st Century!“, moderated by Dr. Tay Pek San.  The lecture is organised by the Faculty of Law, University of Malaya together with PARFUM (Faculty of Law Alumni Association). For registration, please click…

New Procedure to Challenge an Industrial Court Award: Does it matter?

Effective 1 January 2021, some amendments(1) to the Industrial Relations Act 1967 (“IRA”) will come into force. The amendments, amongst others, introduce a new section 33C to provide for an appeal against the Industrial Court award to the High Court. In this article, we explain the procedure to challenge an Industrial Court award under the…

The Right to Sue a Consultant – Who does it lie with?

Every construction project has at least one consultant appointed by a developer, also known as an employer of the project (“Employer”). Whilst the types of consultants and their respective roles may differ from project to project, a Consultant’s roles would generally include the certification of work and progress. This, in most instances, also requires the…