Tag: Construction

Jun

27

Building & Construction Industry Payments Act 2004

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Background and Overview On 1st October 2004, the Building & Construction Industry Payments Act 2004 (“BCIPA”) came into effect. The object of the Act is to ensure speedy recovery of progress payments for work carried out under a Construction Contract, or for related goods and services under a Construction Contract. The Act provides for an interim […]

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Jun

26

Building and Construction Industry Payments Act

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Background and Overview On 1st October 2004, the Building & Construction Industry Payments Act 2004 (“BCIPA”) came into effect. The object of the Act is to ensure speedy recovery of progress payments for work carried out under a Construction Contract, or for related goods and services under a Construction Contract. The BCIPA will affect Construction Contracts […]

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Jun

26

Divided Fences

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CONSTRUCTION OF  A FENCE This is one of the most common sources of neighbor disputes. The Dividing Fences Act 1953 provides the mechanism by which these types of disputes are resolved. The party wishing to construct a fence must serve on the owner of the adjoining land what is known as “Notice to Fence” pursuant […]

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Jun

26

Building and Construction Industry Payments Act

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Background and Overview On 1st October 2004, the Building & Construction Industry Payments Act 2004 (“BCIPA”) came into effect. The object of the Act is to ensure speedy recovery of progress payments for work carried out under a Construction Contract, or for related goods and services under a Construction Contract. The BCIPA will affect Construction Contracts […]

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Jun

17

Construction industry updates in Malaysia: First, Construction Industry Payment and Adjudication Act 2012 (CIPAA), then Specialised Construction Court

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by Raymond Mah & Lum Ying Mei Market analysts and our Deputy Finance Minister Datuk Donald Lim forecasted a decent year for the construction industry with an expected 13.15% contribution to GDP, a reduction from 15% in 2012, while tourism and the services industry earmarked for a bigger role. If Malaysia’s current government wins the forthcoming election, the country’s construction […]

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Jun

17

Konajaya Sdn Bhd v Perbadanan Urus Air Selangor Bhd (2009) MWKAeJ 0204 [Construction law – Performance bonds]

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HIGH COURT OF MALAYA AT KUALA LUMPUR, MALAYSIA ORIGINATING SUMMONS NO: D5-24-164-2003 RAMLY ALI J 4 FEBRUARY 2009 Cases referred to China Airlines Ltd v. Maltran Air Corp Sdn Bhd & Another Appeal [1996] 3 CLJ 163 FC (refd) Cygal Bhd v. Bandar Subang Sdn Bhd [2004] 3 CLJ 67 CA (refd) Esal (Commodities) Ltd & Anor […]

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Jun

17

Design Centre Sdn Bhd v Goldcourse Sdn Bhd (2010) MWKAeJ 1119 [Construction law – liquidated ascertained damages “LAD” and defects]

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Reported by Raymond Mah & Jeremy Yong; M/s MahWengKwai & Associates HIGH COURT OF MALAYA, KUALA LUMPUR CIVIL SUIT NO. : S5 – 22 – 880 – 2006 BALIA YUSOF BIN HAJI WAHI J 28 JULY 2010 Construction law – allegation of delay – liquidated ascertained damages “LAD” – failure to handover site on schedule – […]

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