What is CIPAA 2012 and how does it help construction disputes?

CIPAA 2012 (Construction Industry Payment and Adjudication Act) provides a speedy statutory dispute resolution mechanism to resolve non-payment disputes in construction contracts, typically yielding a binding adjudication decision within 45 to 90 days.

Can I claim Liquidated Ascertained Damages (LAD) for late delivery?

Yes, if your contract contains an LAD clause and the contractor failed to complete by the stipulated Date of Completion without obtaining valid Extensions of Time (EOT).

Advocates & Solicitors • High Court of Malaya

Contractor Negligence Claims

“Safeguarding Property Owners & Developers Against Construction & Renovation Defects”

Advocates & Solicitors • High Court of MalayaMessrs. Low Wah Chin & Co. — Contractor Negligence Claims

Kuala Lumpur Chambers

Overview & Legal Representation

Construction, refurbishment, and residential renovation projects are major financial undertakings fraught with technical risks. Negligent workmanship, use of substandard materials, structural tampering, site abandonment, and failure to meet statutory building codes (UBBL) can compromise safety and drain hundreds of thousands of Ringgit.

Drawing on Ms. Ava Rachel Low’s experience in engineering risk management and construction contracts from her ~9 months as In-House Legal Counsel with listed entity KNM Group Berhad and subsequent construction litigation, Messrs. Low Wah Chin & Co. represents property owners, management corporations (JMB/MC), and commercial developers against defaulting main contractors and subcontractors.

We work alongside certified structural engineers and quantity surveyors to document defect schedules, issue urgent statutory notices of breach, initiate adjudication proceedings under the Construction Industry Payment and Adjudication Act 2012 (CIPAA 2012), and litigate claims in the Sessions Court and High Court.

What We Handle in This Practice Discipline

Residential and commercial renovation defects and structural damage claims

Contractor site abandonment, unreasonable project delays, and liquidated damages (LAD)

Adjudication proceedings under Construction Industry Payment & Adjudication Act (CIPAA 2012)

Performance Bond injunctions and restraining unlawful bond calls

Water ingress, structural cracking, and foundational engineering defect litigation

Drafting and vetting PAM, CIDB, and bespoke construction/renovation contracts

Claims against sub-contractors and joint building management (JMB/MC) disputes

Common Questions

Frequently Asked Questions (Contractor Negligence Claims)

You should immediately document the site condition with photos/videos, conduct a joint inspection, engage an independent quantity surveyor or architect to assess completion value, and have our firm issue a formal Notice of Termination and Demand for damages.

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