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Why CIPAA?

Construction Industry Payment and Adjudication Act 2012

High Success Rate

AIAC recorded 89.28% of success rate where the Adjudication Decision is awarded in Claimant’s favour.

Conditional Payment Clause is void

Back-to-back or Pay-if-Paid Clause is null and void under CIPAA and the Employer cannot use this as an excuse of non-payment

Quick

CIPAA Adjudication Decision will be ready in 80-95 days from the date of filing of Payment Claim.

 

Pay Now, Argue Later

No avenue to appeal against the Adjudication Decision and the Employer has to pay now, and argue it later in court / arbitration.

Direct Payment by Principal

A successful Claimant may enforce the Adjudication Decision by requesting direct payment from the Principal of the Respondent.

CIPAA 2012 is the abbreviation of Construction Industry Payment and Adjudication Act 2012. CIPAA 2012 was enacted by the Malaysian Parliament and came into effect on 15/04/2014. 

CIPAA Act 2012 introduces the “Statutory CIPAA Adjudication” mechanism which allows the aggrieved party (usually the contractor / consultant) to recover outstanding payment or resolve payment dispute arising out of construction contract such as:- 

  • non-payment 
  • under-payment
  • non-certification 
  • under-certification
 

CIPAA subscribes to the ideology of “Pay Now, Argue Later”. It is designed to resolve payment disputes and ease cash flow in a quick, efficient and summary way pending the final dispute resolution by way of arbitration or litigation if either party is dissatisfied with the CIPAA Adjudication Decision. 

With the CIPAA 2012 coming into effect, the cash-strapped Contractors / Consultants now no longer have to wait until the completion of project before commencing action against the Main Contractor / Developer. 

ABOUT US

CIPAA 2012 Construction Claim Expert

MalaysianCIPAA.MY is a construction claim consultancy firm specialising in CIPAA Adjudication. 

We have a network of consultants comprising of qualified adjudicator, lawyer and construction practitioner who have been involved in innumerable CIPAA Adjudication Proceedings and Construction Arbitration. 

Combining both the practical experience, the technical know-how and in-depth legal  knowledge in construction industry, we pride ourselves in providing high quality consultancy service for construction payment dispute and recovering construction debt.

200mil+

Resolved Disputes

50+

Won cases and counting

Qualified Adjudicator

Legally Qualified

CIPAA 2012 Free Consultation | MalaysiaCIPAA.my

CIPAA Claim Advice

We assist the Claimant to prepare and strategize its claim against the Employer. 

In doing so, we also help the Claimant to develop legal arguments to defeat the Employer’s potential counterclaims such as LAD, backcharges & deductions. 

Defending CIPAA Claim 

We also assist the Respondent to resist / defend against CIPAA Claim. 

In the past, we had successfully defeated CIPAA Claim by raising substantive challenge onto the Claimant’s claim, counterclaims / deduction and jurisdictional challenge. 

On-Going Advisory

We further provide on-going advisory to client to avoid payment dispute. 

Throughout the construction period, we will guide and monitor the proper  management of the project in compliance with the contractual provision  and condition precedent. 

Arbitration & ADR

Apart from CIPAA Claim, we also extend our service to provide one-stop solution to our client in dispute resolution including representing the parties in court, mediation and arbitration.