NNTA & Co - CIPAA Adjudication

CIPAA Adjudication

Expert Representation Under the Construction Industry Payment and Adjudication Act 2012

At NNTA & Co, our lawyers are experienced in adjudication proceedings under the Construction Industry Payment and Adjudication Act 2012 (CIPAA). We provide comprehensive legal support for payment disputes in the construction industry, ensuring our clients receive swift resolution through this statutory adjudication process.

What is CIPAA?

The Construction Industry Payment and Adjudication Act 2012 (CIPAA) is a Malaysian law that provides a fast-track dispute resolution mechanism for payment disputes in construction contracts. CIPAA aims to ensure prompt payment throughout the construction supply chain and provides a statutory adjudication process that delivers binding decisions typically within 45 working days.

Our CIPAA Adjudication Services:

• Payment claim preparation and response

• Adjudication application and procedure

• Representation in CIPAA adjudication hearings

• Enforcement of adjudication decisions

• Setting aside applications and judicial review

• CIPAA compliance advice for construction contracts

• Security of payment matters

Types of CIPAA Matters We Handle:

• Unpaid progress payment claims

• Disputed variations and additional works

• Retention sum releases

• Final account disputes

• Set-off and back charges disputes

• Contract interpretation issues

• Payment schedule disputes

CIPAA Adjudication Process:

The CIPAA adjudication process involves:

1. Service of payment claim

2. Payment response (if disputed)

3. Adjudication application to KLRCA

4. Adjudicator appointment

5. Adjudication response

6. Submission of documents and evidence

7. Adjudication hearing (if required)

8. Adjudication decision (typically within 45 working days)

Advantages of CIPAA Adjudication:

• Fast resolution - decisions typically within 45 working days

• Cost-effective compared to court litigation

• Temporarily binding decision pending final resolution

• Maintains cash flow in construction projects

• Industry-specific adjudicators with construction expertise

• Enforceable as a court judgment

Enforcement and Setting Aside:

We assist clients with:

• High Court enforcement of adjudication decisions

• Applications to set aside adjudication decisions

• Judicial review applications

• Stay of enforcement applications

• Recovery of unpaid adjudicated amounts

CIPAA Compliance Advisory:

We provide proactive advice on:

• CIPAA compliance in construction contracts

• Payment claim procedures and timing

• Payment response requirements

• Contract clauses and CIPAA implications

• Risk management under CIPAA

Our construction lawyers have extensive experience representing contractors, subcontractors, consultants, and employers in CIPAA adjudication proceedings. We provide strategic advice to maximize recovery and protect our clients' payment rights under CIPAA.