Setting Aside of CIPAA 2012 Adjudication Decision by the Claimant / Unpaid Party
The enactment of Construction Industry Payment and Adjudication Act 2012 (CIPAA 2012) allows the contractors / consultants to recover construction outstanding payment and resolve payment dispute speedily. However, there were cases where the Contractor’s / Consultant’s claims being wrongfully dismissed by the Adjudicator. In such scenario, it is previously thought that after the Unpaid Party’s / Claimant’s claim is dismissed by the Adjudicator, the Unpaid Party / Claimant can only proceed to recover the payment by commencing arbitration proceeding / court litigation, which often time could be very expensive and time-consuming. In this case, the High Court clarified and held