CIPAA Adjudication

CIPAA Adjudication

At NNTA & Co, our lawyers are well-versed 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, helping clients achieve swift resolution through this statutory adjudication process.

What is CIPAA?

The Construction Industry Payment and Adjudication Act 2012 (CIPAA) provides a fast-track mechanism for payment disputes arising from construction contracts, with decisions typically within 45 working days. CIPAA applies to written construction contracts for work carried out wholly or partly in Malaysia, excluding small-scale private residential contracts for personal occupation.

Our CIPAA Adjudication Services Include

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

The CIPAA Adjudication Process

Service of Payment Claim — The claimant serves a payment claim specifying the amount and basis of the claim.
Payment Response — The respondent serves a payment response within the prescribed timeframe.
Adjudication Application — The claimant files an adjudication application with AIAC.
Adjudicator Appointment — An adjudicator is appointed by AIAC or by agreement of the parties.
Adjudication Response — The respondent files its adjudication response.
Documents and Evidence — Parties submit documents, witness statements, and expert reports.
Adjudication Decision — The adjudicator delivers a decision, typically within 45 working days.

Advantages of CIPAA Adjudication

Speed — decisions typically within 45 working days
Cost-effective — less costly than arbitration or litigation
Temporarily binding — binding and enforceable pending final resolution
Cash flow protection — keeps money moving down the supply chain
Specialist adjudicators — experienced construction professionals
Enforceable — adjudication decisions can be enforced in the High Court

Enforcement and Setting Aside

We assist clients with High Court enforcement of adjudication decisions, applications to set aside decisions on statutory grounds, judicial review, stay of enforcement, and recovery of unpaid adjudicated amounts.

CIPAA Compliance Advisory

CIPAA compliance in construction contracts
Payment claim procedures and timing requirements
Payment response obligations
Contract clauses and CIPAA interaction
Risk management and contractual protection

Who We Represent

We represent contractors, subcontractors, consultants, and employers — including government bodies — in CIPAA adjudication proceedings, whether pursuing payment or defending claims. We provide strategic advice to maximise recovery and protect payment rights under CIPAA.

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