SEMINAR PART 1: Construction Law Report
Malaysia now has an excellent arbitration centre and facilities at the Kuala Lumpur Regional Centre for Arbitration (KLRCA). Malaysia also has enacted the Construction Industry Payment and Adjudication Act 2012 (CIPAA) that enables parties with written construction contracts to resolve payment disputes expediently through adjudication. Adjudication under CIPAA has seen a massive uptake. The training of adjudicators under CIPAA conducted by KLRCA has been acclaimed to be excellent – even by international standards.
Malaysia has also instituted specialist construction courts in Kuala Lumpur and Shah Alam, which has seen a significant increase in workload. Modern construction contracts should help reduce formal disputes. More efficient alternative dispute resolution methods should also lead to reduced time and costs associated with resolving construction disputes. Also, as a consequence, there should also be fewer construction court cases. However, this requires wider dissemination of lessons learnt from past experience.
This seminar suggests how this may be done using the annual construction law report publications published by the CIDB. Many cases have been reviewed by a panel of experts - both from the construction industry and from lawyers. They have then summarised the gist of the cases and provided a summary of lessons learnt from each case and made suggestions on best practices to be adopted. This seminar demonstrates how this annual construction law report may be used by industry and academics to disseminate this information so that lessons can be learnt from past experience and unwarranted mistakes avoided.
Area of presentation for Part 1
- Certification
- Delay of completion of works
- Termination
- Adjudication
- Negligence
