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Who has the right to sue a consultant?


Introduction
Every construction project has at least one consultant appointed by a developer (also known as an employer of the project). While the types of consultant and their respective roles may differ from project to project, a consultant s role generally includes the certification of work and progress. In most instances, this also requires the consultant to certify the amount payable for work done and the amount payable by the employer to the main contractor. A payment certificate will be issued thereafter.
As cashflow is crucial for main contractors in any ongoing construction project, prompt and expeditious payments by the employer are often expected. However, if the main contractor is dissatisfied with the payment certificate, can the main contractor sue the consultant for negligence? The Court of Appeal addressed this question in a recent case commenced by PCP Construction Sdn Bhd against L3 Architects Sdn Bhd.(1) In its decision, the Court of Appeal unanimously ....

United Kingdom , Sdn Bhd , Lee Yee Seng , Aliza Sulaiman , Lok Kok , Sutcliffev Thackrah , Pacific Associates Incv Baxter , Pacific Associates , Malaysian Federal Court , Credit Guarantee Corp Malaysia Bhd , Shah Alam High Court Civil Suit , Gan Partnership , Singapore Court , Arensonv Casson Beckman Rutley Co , United Kingdom Court , Leap Modulation Sdn Bhd , Building Contract , Private Edition , Leap Modulation , Interim Payment Certificates , Construction Payment , Adjudication Act , United Kingdom House , Casson Beckman Rutley , Lord Simon , Pacific Associates Inc ,

Continuing rise of statutory adjudication


Introduction
The year 2019 witnessed a myriad of statutory adjudication disputes in Malaysia. The surge in the number of disputes involving the statutory adjudication mechanism in the Construction Industry Payment and Adjudication Act (CIPAA) 2012 also led to a significant number of consequential challenges to adjudication decisions in the courts. This article highlights the notable decisions handed down by the Malaysian courts in 2019 and their effect on the future application of the CIPAA.
Prospective effect of CIPAA
The following noteworthy appeals marked the beginning of a dramatic departure from the retrospective effect of the CIPAA observed since its enactment in April 2014:
Jack-In Pile (M) Sdn Bhd v Bauer (M) Sdn Bhd ([2020] 1 MLJ 174); and ....

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