The surge in the number of disputes involving the statutory adjudication mechanism in the Construction Industry Payment and Adjudication Act (CIPAA) 2012 has led to a significant number of consequential challenges to adjudication decisions in the courts. This article highlights the notable decisions handed down by the Malaysian courts in 2019 and their effect on the future application of the CIPAA.
The Ministry of Works has issued a standard operating procedure for the construction industry (Construction SOP), effective for the duration of the Recovery Movement Control Order (RMCO). The ministry has also published FAQs addressing the common queries arising from the Construction SOP. The Construction SOP previously issued by the Ministry of Works for the Conditional Movement Control Order continues to apply for the duration of the RMCO subject to the amendments highlighted in this article.
Following the prime minister's announcement on 1 May 2020 regarding the reopening of the economy, the construction industry is permitted to operate with effect from 4 May 2020. Such operations will be subject to compliance with the standard operating procedure for construction issued by the Ministry of Works.
In relation to the Movement Control Order (MCO) regarding COVID-19, the Ministry of Works, among others, issued a series of frequently asked questions to clarify some of the issues affecting the construction industry. The Ministry of Works has since confirmed that all works at construction sites are not permitted under the MCO and must therefore be stopped during the relevant period, except for 'critical works'.
In its effort to contain the COVID-19 outbreak, the government has implemented the Movement Control Order (MCO) throughout Malaysia. The MCO has affected the performance of non-essential works, including works at project and construction sites where workers are required to stop work. Questions remain, including does the COVID-19 outbreak or the MCO constitute a force majeure event? And how does the outbreak or the MCO affect parties' rights and obligations in terms of timing and costs?
In 2018 Malaysia saw considerable developments in case law on statutory adjudication. Stakeholders' use of this form of dispute resolution mechanism continues to grow exponentially with no sign of abating. This article examines some of the significant decisions that the Malaysian courts handed down in 2018 and their impact on statutory adjudication under the Construction Industry Payment and Adjudication Act.
Malaysia witnessed considerable developments in statutory adjudication case law in 2017, probably due to the increasing use of this form of dispute resolution mechanism by stakeholders in the construction industry. This update examines some of the significant decisions that were handed down by the Malaysian courts in 2017 and their impact on statutory adjudication under the Construction Industry Payment and Adjudication Act.
The Construction Industry Payment and Adjudication Act 2012 came into effect on April 15 2014. Since then, the Malaysian courts have had the opportunity to consider various aspects of the act on numerous occasions. Some significant decisions have been handed down by the courts in the past two-and-a-half years and although statutory adjudication in Malaysia is still in its infancy, it is evident that a body of local decisions is steadily being built up to assist in the interpretation of the act.
The Ministry of Housing and Local Government (KPKT) recently released a circular on the standard operating protocols (SOPs) for the strata management sector, effective during the Recovery Movement Control Order (RMCO) period. A series of FAQs by the KPKT has since been made available on the KPKT's website. This article highlights the KPKT's strata SOPs and FAQs applicable during the Controlled Movement Control Order which continue to apply for the duration of the RMCO.
With the implementation of the Movement Control Order (MCO) in Malaysia to combat the COVID-19 pandemic, the movement of Malaysian residents is effectively restricted to their homes unless it is for essential needs. For strata property residents, the foremost question in their minds is whether movements within the common properties are restricted. Can residents jog around the condominium during the relevant period? Can the poolside cafe open for business?