Challenges against Adjudication Decisions on Payment Disputes within the Construction Industry

2018 International Conference on Construction, Aviation and Environmental Engineering

生态环境科学;生物科学

Arzlee Hassan, Ahmad^1 ; Adnan, Hamimah^1 ; Izz Mohammad Kamil, Abdul^1 ; Aisyah Asykin Mahat, Noor^1

Faculty of Architecture, Plannning and Surveying, Universiti Teknologi MARA, Shah Alam, Malaysia^1

关键词: Enforcement mechanisms;    Legal research;    Statutory adjudication;   

Others  :  https://iopscience.iop.org/article/10.1088/1755-1315/233/2/022035/pdf
DOI  :  10.1088/1755-1315/233/2/022035

来源: IOP

【 摘 要 】

Construction Industry Payment and Adjudication Act (CIPAA) 2012 was introduced to ensure security of payment through statutory adjudication as the enforcement mechanism. The growing numbers of cases indicate growth in the implementation in numbers, experience and improvement. This paper aims to understand the rules and limited grounds to challenge an adjudication decision through exploration of the law and procedures. Doctrinal legal research was carried out to establish the black letter law extracted from the Act and law cases. Non-doctrinal research was carried out by observing the behaviour through law cases. There are very limited grounds to challenge an adjudication decision. This positive move ensures the relevance of statutory adjudication in the construction industry. Jurisdictional issues and natural justice must be defined to avoid rejection of the challenge. In light of the development in the View Esteem case, the players need to now find a midway, in which the statutory adjudication can still be fast and fairness can still be achieved.