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Gan Partnership | Malaysia | 14 Sep 2021

Covid-19 act: inability to perform contractual obligations is tested in courts

Part II of the Temporary Measures for Reducing the Impact of Coronavirus Disease 2019 (Covid-19) Act 2020 offers relief to contracting parties that cannot perform contractual obligations. However, there are many uncertainties in the legal and business sectors regarding the precise scope of its operation. The cases discussed in this article show that the courts have generally been vigilant in......
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Gan Partnership | Malaysia | 10 Aug 2021

Alvin Leong saga: housing developers breathe sigh of relief

In 2020 the Federal Court held that the controller of housing is not empowered to grant a time extension for the delivery of vacant possession. However, the Court of Appeal recently held that, among other things, while the controller is not empowered grant a time extension, this does not mean that the minister of urban wellbeing, housing and local government cannot utilise this power. This is......
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Gan Partnership | Malaysia | 15 Jun 2021

Court rules that management corporation may sue developer for latent defects in common property

When the statutory duty to "properly maintain the common property and keep it in a state of good and serviceable repair" is passed to a management corporation, does the corporation have standing to sue the developer for any defects in the common property? A high court recently addressed this question in a decision which is a significant and welcoming legal development concerning strata and......
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Gan Partnership | Malaysia | 25 May 2021

CIPAA: adjudicators' powers to order remedies and interest when payment clause is unenforceable

A recent high court decision examined the extent of an adjudicator's powers to determine remedies and interest in unique circumstances where a payment clause was void and the default statutory implied payment provision in the Construction Industry Payment and Adjudication Act was pleaded. The decision is a welcome judgment for the construction industry, especially unpaid parties as they are......
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Gan Partnership | Malaysia | 18 May 2021

CIPAA: can only advocates qualified under Sabah or Sarawak Advocates Ordinance practise in East Malaysia?

The governing law of the legal profession differs in Peninsular and East Malaysia. Should a party wish to commence a court action in East Malaysia, an advocate qualified under the Sabah or Sarawak Advocates Ordinance would have to be appointed. However, what about adjudication proceedings conducted under the Construction Industry Payment and Adjudication Act 2012, which allows parties to "be......
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Gan Partnership | Malaysia | 20 Apr 2021

Section 30 of CIPAA – road less travelled has now widened

While most companies which have obtained an adjudication decision in their favour choose to apply for said decision to be enforced via Section 28 of the Construction Industry Payment and Adjudication Act (CIPAA), the less-travelled road of demanding payment for an adjudication decision via Section 30 of the CIPAA is proving to be another effective recourse for payment – as evidenced by a......
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Kubas Kos Gałkowski | Poland | 1 Apr 2021

Appeals courts confirm procedural public policy violations

The Polish courts rarely confirm violations of procedural law. In two recent cases, the appellate courts found that procedural errors in arbitration were grave enough to justify setting aside the awards in question. These cases are interesting, especially from the perspective of arbitrators. Arbitrators must be careful in verifying whether they have ruled on a case exactly as it was brought......
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ALTIUS | Belgium | 31 Mar 2021

Social inspection audits in construction sector: what to expect in 2021

The Social Information and Investigation Service (SIOD/SIRS) recently published its 2021 action plan revealing its strategy and top priorities for the year. Similar to recent years, the construction sector remains a target. This article summarises what employers can expect in 2021 and how they can prepare, based on the SIOD/SIRS checklist.
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Zemberis, Markezinis, Lambrou & Associates | Greece | 30 Mar 2021

Multiple damages caused by one contractor to another's works are not 'sudden and unforeseen' or a 'series of events'

The overlapping of construction activities is a project management technique which helps a project to be completed as quickly as possible. However, it inherently leads to increased risk and can jeopardise the insurance cover in place. In a recent case, the Greek courts found that the multiple damages which one constructor had caused to another's works were not sudden and unforeseen and did......
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Gan Partnership | Malaysia | 23 Mar 2021

Contractors' claims in adjudication against subcontractors

When a contractor takes over its subcontractor's works, can the contractor make a claim in adjudication against the subcontractor? Scenarios such as this are not uncommon; however, contractors which find themselves in such circumstances and wish to make a claim against the subcontractor by way of adjudication under the Construction Industry Payment and Adjudication Act 2012 should be wary of......
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