CASE UPDATE: Adjudicator has Power to Grant Pre-Award Interest in CIPAA

Milsonland Development Sdn Bhd v Macro Resources Sdn Bhd [2017] 8 MLJ 708

While it is within the acceptable standard practice to grant a post-award interest in an Adjudication Decision, it is less clear cut when it comes to pre-award interest.

In this case, the High Court clarifies that an Adjudicator has the power to grant pre-award interest in an Adjudication Decision pursuant to Section 25(O) of CIPAA.

For completion, pre-award Interest, as the name suggests, refers to the interest calculated from the date of the supposed due date of payment until the date of Adjudication Decision.

On the other hand, post-award interest refers to interest calculated from the date of Adjudication Decision until the satisfaction of the Adjudicated Sum.

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