Tag: Section 5

Construction Industry Payment and Adjudication Act 2012
("CIPAA")

Tag: Section 5

CIPAA Consulting News & Update Background

CASE UPDATE: The Failure to file CIPAA Payment Response does not preclude the raising of New Defences in Adjudication Response

View Esteem Sdn Bhd v Bina Puri Holdings Bhd [2018] 2 MLJ 22
By virtue of the Federal Court’s decision, there is no repercussion to a Non-Paying Party/ Respondent in not filing the Payment Response.

For strategic reason, the Non-Paying Party/Respondent may want to submit a scanty Payment Response or not submitting the Payment Response at all to preserve the element of surprise and ambush the Unpaid Party/Claimant at the Adjudication Response stage, bearing in mind that the Unpaid Party/Claimant only has 5 working days to file Adjudication Reply from the receipt of Adjudication Response.

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