​Scope of CIPAA ​

Only apply to Written Construction Contract. 

See Martego Sdn Bhd v Akitek Meor & Chew Sdn Bhd [2017] 1 CLJ 101, whether an architect rendering purely architectural services with respect to a construction project may claim his outstanding fees from his client under CIPAA.

Carried out partially/wholly in Malaysia. 

See Ranhill E&C Sdn Bhd v Tioxide (Malaysia) Sdn Bhd and Another Case [2015] 1 LNS 1435. It was held that a reading of the terms of CIPAA as a whole prohibits the parties from contracting out of its application, notwithstanding that there is no express term to such effect in the statute. 

Include Government Contracts.

See Mudajaya Corporation Bhd v Leighton Contractors (M) Sdn Bhd [2015] 5 CLJ 848, where the court held that for a construction contract to fall within the meaning of a “Government construction contract”, it must be one where the government, be it the Federal or a State government, is a party to it.

Exclusion 

See Capitol Avenue Development Sdn Bhd v Bauer (M) Sdn Bhd, in which The Court fortified the exclusion manifested in Section 3 of CIPAA
  • Natural person
  • Any building less than 4 storey high
  • Wholly intended for his occupation

Exemption Sec40 CIPAA

Minister power to exempt

​Parties amicable settlement

Disputing parties may reach an amicable settlement and settle their dispute outside of CIPAA

​Setting aside of CIPAA Adjudication Decision under Sec 15 CIPAA

Sec 15 CIPAA prescribed Limited Avenue to set aside Adjudication Decision by the High Court.
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