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Picture

Adjudication under CIPAA 2012 and timelines as advice to the Contractor are as the followings:

Serving of Payment Claim 

The Contractor who claimed for unpaid in whole/ part, to serve the Employer, a payment claim pursuant to section 5 of CIPAA. The Claim must include information prescribed in section 5(2) CIPAA. This notice of claim must be validly served.
Anytime

Receive of Claim by Non Paying Party

Having received the contractor’s claim, the Employer has an option:
  1. To respond to the payment claim
  2. Not to respond to the payment claim. Section 6(4) CIPAA, state a non-responding party to a payment claim is deemed to have disputed the entire payment claim.
10 working days from the date of receipt of the payment claim.

Serving of Notice of Adjudication

Either party may commence adjudication by serving a notice of adjudication to the other party. The serving party is the claimant, and the receiving party, the respondent. The notice of adjudication must be
  1. in writing and
  2. summarized the nature and description of the dispute and
  3. the remedy sought and
any supporting documents.
Expiry of the 10 working days from the date of receipt of the payment claim.

Appointing the Adjudicator

Parties may attempt to agree on an adjudicator, failing which, either party or both parties may request the Director of AIAC to appoint an adjudicator. 
10 working days from the service of the notice of adjudication
The Director of AIAC to make the appointment within five working days of receipt of the request. The adjudicator appointed may propose and negotiate his terms of appointment. The adjudicator is not obliged to accept the appointment. 
5 working days of receipt of the request.
If the adjudicator and the parties cannot reach an agreement, or the adjudicator rejects or fails to accept the appointment, then the parties may proceed to appoint another adjudicator.
within 10 working days from the date he was notified of his appointment
An adjudicator who accepts the appointment must indicate his acceptance within ten working days from the date he was notified of his appointment. Upon acceptance of his appointment, the adjudicator must submit to AIAC  a written declaration: -
(a) there is no conflict of interest;
(b) he will act independently, impartially and timely;
(c) he comply with the principles of natural justice;
(d) there are no circumstances likely to give rise to justifiable doubts.
A copy of the adjudicator terms of appointment and fees is send to the Director of AIAC within seven days of his acceptance of the appointment.


10 working days from the date he was notified of his appointment.

Deposit of Fee

The adjudicator is to issue a direction to order the parties to deposit with the Director of KLRCA, the mandatory deposits.
​14 days after acceptance of his appointment.

​Serve an adjudication claim on the respondent

The claimant is required to serve an adjudication claim on the respondent within ten working days from the date of receipt of the acceptance of appointment by the adjudicator and to provide a copy of the same to the adjudicator. The adjudication claim must contain
  1. the nature and description of the dispute;
  2. the remedy sought;
  3. complete with any supporting documents. 
10 working days from the date of receipt of the acceptance of appointment by the adjudicator

​Serve an adjudication response on the claimant

​The respondent is required to serve an adjudication response on the claimant and the adjudicator within ten working days of receipt of the adjudication claim. The adjudication response is to answer the adjudication claim and be accompanied by any supporting documents. 
​10 working days of receipt of the adjudication claim.

​Reply to the adjudication response

The claimant may reply to the adjudication response within five working days from the date of receipt of the adjudication response. The claimant may provide further documents in support of the contentions set out in the adjudication reply. 
​5 working days from the date of receipt of the adjudication response.

​Adjudication Decision

​Unless the parties agree to an EOT, the adjudicator must make and deliver his decision within 45 working days from the date of service of the adjudication response or the adjudication reply, whichever is later, or the expiry of the prescribed period for the service of adjudication response, if no adjudication response is received.
 
If the adjudicator delivers his decision outside the 45 working day period, the adjudication decision is null and void. However, the adjudicator may withhold releasing his decision until the full amount of his fees and expenses have been deposited by the parties with the Director of the AIAC.
 
The adjudication decision must be in writing and be reasoned unless the requirement for reasons is dispensed with by the parties. The adjudicator must make a determination in his decision as to

  1. the adjudicated amount, if any;
  2. the amount of costs payable to the winner;
the time and manner of payment. 
​45 working days from the date of service of the adjudication response or the adjudication reply.

​Publication of the Adjudication Decision

A copy of the adjudication decision is to be served on each party and the Director of AIAC. The adjudicator's fees are to be released to him upon the receipt by the Director of AIAC of a copy of the adjudication decision and written confirmation by the adjudicator that he has complied with the time period prescribed by section 12(2) of the CIPAA for the delivery of adjudication decision. 
Anytime
scope of cipaa
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  • Home
  • About
    • Professional Registration
    • Qualifications
    • Engagements
    • Private Practice
    • SIF Fellows
  • Practice
    • Our Approach >
      • S:Scale [Artefacts]
      • M:Scale [Building]
      • L:Scale [Urban]
    • Large Projects >
      • Highrises >
        • SSM International School
        • JBio
        • UKIH
        • Vertigo Residency
        • Diorama
        • Resi-Hub
        • SunMed
        • Medini
        • Palmspring Damansara
        • Blink
      • Lowrises >
        • Data Center
        • Garden Homes
        • XIN
        • Albient
        • Hillcourt
    • Small Projects >
      • Rustic Raphsody
      • MCM >
        • Estate House
        • Uniform Annex
        • Kitchen Extension
        • Sixth Form Center
      • Putrajaya Boulevard >
        • LOO
        • BOO
        • DOO
        • 5 Elements Tower
      • Detached Houses >
        • Batu Residence
        • Malaqa Residence
        • ParkCity Residence
        • Sierramas Residence
      • Commercial >
        • Albion Club
        • QuanYuan
        • Nippon Go
    • Interior Designs >
      • Spartan Minimalism
      • Neo Retro
      • Reflective Modern
    • UBBL 1984
    • Newsletter
  • DYA + C
    • Our CV
    • Adjudication >
      • CIPAA Procedure >
        • Scope of CIPAA
    • Arbitration >
      • Appointment of Arbitrator >
        • Terms of Appointment >
          • Preliminary Meeting Agenda
      • PAM Arbitration Procedure
      • Arbitration Costs Breakdowns >
        • Drawdown
      • Award Writing Blog >
        • Expert Evidence in Arbitration
    • Mediation >
      • Appointment of Mediator
      • Mediation Process
      • Skill Set Lev 01 & 02
    • Expert Determination >
      • Expert Rules - PAM
      • Expert Determination Processes
    • Building Inspection Services
    • Courses & Training >
      • Contract Administration
    • ADR & Construction Law
  • Consultant
    • QuanYuan 泉緣 Story
    • Review
    • QuanYuan >
      • Why QuanYuan?
      • Modus Operandi
      • Consultancy Services
    • Our Lineage
    • Workshop >
      • Teacher's Profiles
      • Message
      • SanYuan 01 - Introduction
      • Community
      • Registration of Interest
    • QiMen DunJia 奇門遁甲 >
      • QMDJ - Shifting Palace
    • Audit & Cases >
      • Cases - REA Hotel
      • Cases - Childless Couple
      • Cases - Childless Couple 02
    • Yifengshui
    • Newsletter >
      • MBS FengShui Reinvestigated
    • FAQ
    • E-Store
  • Educator
    • Author I am...
    • Speaking Engagement >
      • International Contract
      • PAM cpd UNLIMITED 2.0
      • Arch Edu Practice Paper - 3Ds Pedagogy
    • Attempting Law School
    • Journey in USM(Arch) >
      • Thesis >
        • Site Analysis
        • Urban Design Approach
        • Sketch Design
        • Model Based Paradigm
        • Technical Studies
      • Studio 01
      • Studio 02
    • Discourse in Studio 6 >
      • Ideation
      • The Production Model >
        • The Actors
        • The Stage
        • Urban Mass
        • The Box
        • The Play
        • The Break
        • The Newsletter
        • The Document
        • The Presentation
    • d:KON 4 >
      • Actors >
        • Chua LiCheng
        • Ng KenHong
        • Sean Tan
        • Peggy Chai
        • Elliotte Teoh
        • Vincent Tow
        • TzeLer
        • Elaine
        • Ng SongChun
        • Carissa Foong
        • Ng WeiMun
        • Ng ChenYin
        • Nicol Ong
        • Adron Liang
        • Ivan Sung
        • Lau HuiJew
      • Acts >
        • Portraiture
        • A Slice of Space Time
        • Box of Installation of Lights
        • Radio Misreading
        • Grid of Destinies
        • Shelter
        • Anatomy of Pain
        • Tensigrity of Ego
        • Of Prisons and Walls
        • Forest of Nails
        • Curtain of Fears
        • Dissolution of the Ego
        • If it's Ain't Broken it's Ain't Worth Mending
        • Flight of Freedom
        • Cross of Complexity and Contradiction
        • interrogation
      • Stage >
        • Soap Box
      • Play
      • Approach
      • Galleria >
        • Martial Gallery
        • Drive Through Gallery
        • Clinique Gallery
        • Cafe Gallery
        • MACC Gallery
        • Haunted Gallery
        • Backpacker Hotel
        • Audio Bookshop Gallery
        • Funeral Parlour
        • Extreme Game Gallery
        • Play Ground
        • Wedding Gallery
        • Meditation Gallery
        • Water Tower
        • Photography Studio
        • Chapel Gallery
    • External Critique >
      • Discourse in Sem 06
      • Discourse in Sem 05 >
        • The Site - KB
        • The Rectilinear
        • The Paired Kidneys
        • The Boat
        • The Decepticon
        • The Curvature
      • EnviroDesign MasterClass 2015
    • Philosophy
    • Codes Regulations & Standards >
      • Building Codes
      • Fire Codes
      • QAQC & Building Inspection
      • Critics
  • Photo Essays
    • Shanghai
    • Siemreap
  • Contact