Yes, CIPAA does not prevent parties from pursuing court litigation or arbitration for further dispute resolution.

Yes, CIPAA applies to both private and government-funded construction contracts in Malaysia.

The CIPAA process typically takes around 100 working days from the initiation of the claim to the adjudicator’s decision.

Key documents include the construction contract, unpaid invoices, correspondence related to payment, and any supporting evidence of the work done.

CIPAA (Construction Industry Payment and Adjudication Act 2012) is a law that provides a fast-track resolution process for payment disputes in the Malaysian construction industry.

CIPAA applies to payment disputes, including non-payment for completed work, underpayment, or late payments.

Our experienced construction lawyers can guide you through the CIPAA process, prepare strong claims, and ensure you receive the payment you deserve. WhatsApp Us : +60143000960 E-mail us : admin2@luibhullar.com

Any party involved in a construction contract, including contractors, subcontractors, and consultants, can file a CIPAA claim if they are owed payment.

The claimant can enforce the decision through the courts or request direct payment from the principal under CIPAA provisions.

Yes, the losing party may apply to the High Court to set aside the adjudication decision under limited grounds, such as jurisdictional errors or breaches of natural justice.

CIPAA (Construction Industry Payment and Adjudication Act 2012) is a law that provides a fast-track resolution process for payment disputes in the Malaysian construction industry.

To succeed in a medical negligence claim in Malaysia, you must establish: A duty of care existed between you and the medical professional. A breach of duty occurred. The breach caused injury, harm, or loss. The harm resulted in damages such as medical costs or lost income. Our Medical Negligence & Malpractice Lawyers in Malaysia specialize in proving such claims effectively.

A medical negligence lawyer in Malaysia can: Evaluate your case and gather necessary evidence Work with medical experts to support your claim Negotiate settlements or represent you in court Advise on legal procedures and claim strategies Our medical malpractice law firm in Malaysia is committed to protecting your rights and securing justice.

Depending on your case, you may be entitled to medical negligence compensation in Malaysia, which includes: Medical expenses Loss of income Pain and suffering Rehabilitation costs Our medical malpractice legal services in Malaysia ensure you receive the maximum compensation possible.

Medical negligence occurs when a healthcare provider fails to provide the appropriate standard of care, resulting in harm to the patient. If you have suffered due to medical errors, our medical negligence lawyer in Malaysia can help assess your case. WhatsApp Us for a free consultation

Medical negligence may include: Misdiagnosis or delayed diagnosis Surgical errors Medication mistakes Birth injuries Failure to obtain informed consent Anesthesia errors If you believe you are a victim, our medical negligence legal advice in Malaysia can guide you through the process.

The general process includes: Consultation with a medical negligence law firm in Kuala Lumpur Collection of medical records and expert opinions Filing of legal documents Negotiations for settlement Court proceedings if necessary Our experienced medical malpractice attorneys in Malaysia will guide you every step of the way.

In Malaysia, the limitation period for medical malpractice litigation is generally three years from the date of the injury or discovery of negligence. Consulting a medical malpractice specialist lawyer in Malaysia as soon as possible is crucial to ensure your claim remains valid.

If you suspect medical negligence, contact our medical malpractice law firm in Malaysia today. Our team of skilled medical negligence lawyers in Malaysia will provide expert guidance and representation to help you obtain the justice and compensation you deserve. For a consultation, reach out to us via WhatsApp at +60143000960.

Schedule G Booking fees + 24 months = legally prescribed time of delivery of Vacant Possession (Legal VP) (Legal VP) to (Actual Date VP Notice was delivered to the purchasers) = Days of delay Schedule H Booking fees + 36 months = legally prescribed time of delivery of Vacant Possession (Legal VP) (Legal VP) to (Actual Date VP Notice was delivered to the purchasers) = Days of delay Formula To Calculate Liquidated Ascertained Damages ('LAD'): Purchase price x LAD for parcel (10%) x days of delay Divided by 365 days = LAD for Parcel (Schedule G and H) Purchase price x LAD for parcel (2%) x days of delay Divided by 365 days = LAD For Common Area (Schedule H)

the Federal Court decision in Ang Ming Lee & Ors v Menteri Kesejahteraan Bandar, Perumahan Dan Kerajaan Tempatan & Anor And Other Appeals [2020] 1 CLJ 162 (“Ang Ming Lee”) has declared extensions of time pursuant to Sub-regulation 11(3) of the HDR, as illegal and void. In simpler terms, that means any extensions given by the Housing Controller to extent the period prescribed under Schedule H (36 months) and Schedule G (24 months) is of no legal effect. In such cases, the purchasers are entitled to claim for LAD based on the period prescribed under Schedule H and G respectively.

Liquidated ascertained damages ('LAD') is a contractually ascertained damages that are claimable by the affected party in an event of a breach of contract. The statutory template agreement of Schedule H (high rise projects) and G (landed projects) of the Housing Development (Control and Licensing) Act 1966 and the Housing Development (Control and Licensing) Regulation 1966 provides that the developer ought to pay LAD to purchasers in the event of a delay in providing Vacant Possession ('VP').

Pursuant to the case of PJD Regency , purchasers are entitled to calculate their respective LAD from the time booking fees were paid. Housing Development (Control and Licensing) Regulation clearly prohibits the collection of any prior payment before the signing the SPA, in reality, collections of booking fee / deposit do occur. As the Housing development (Control and Licensing) Act is a social legislation and the judiciary ought to consider the protection of the home buyers, it would only be appropriate to consider the date of collection of the booking as the date of the Sale and Purchase Agreement ('SPA'), as the SPA would have been formed when the booking fee / deposit was collected.

if a party fails to comply with a Court judgment, the winning party may pursue an Enforcement Proceedings against that party. There are various types of method of enforcement which depends on the nature of the case.

A Default Judgment or Judgment In Default is a given when the Defendant does not or failed to enter an appearance within the prescribed timeframe.

1. Pleadings - Upon receiving the writ and statement of claim, the defendant will then file a Statement of defence and if applicable, a counterclaim. 2. Reply - The Plaintiff will then file a reply to the Statement of Defence and Counterclaim (if applicable) 3. Case Management - The Court will allocate timelines and set trial dates and gives pre-trial directions such as filing of documents and witness statements 4. Trial - Witnesses from both sides will testify and be cross examined. 5. Legal Submissions - Parties will then file their respective legal submissions which summarises the evidence and set out legal principles. The court may order an oral hearing for further submissions. 6. Judgment - The judgement / decision of the court is then delivered, specifying the relief granted.

The filing of interlocutory applications can be done in the middle of the legal proceedings. Examples of Interlocutory applications are: Injunction - To stop or compel a party to do a particular act Summary Judgment - to seek the Court to decide the case based on the documents without the need for trial (Ie: the calling of witnesses and etc) Striking Out - To strike out (dismiss) the claim Discovery - To compel a party to disclose specific and relevant evidence and documents.

The writ and statement of claim must be served on the Defendant. If the service is Successful, the Defendant has 14 days to enter an appearance via a Memorandum of Appearance. If the service is Unsuccessful, substituted service must be done. Such as by advertising on the newspaper.

A Writ informs the Defendant that they are being sued. A Statement of Claim specify the key facts giving rise to the claim. The Civil Suit begins upon the filing of these documents. The writ is usually accompanied with the statement of claim.

Depending on the size and value of the claim, it is advisable to consult a lawyer for advise. A Company Must be represented by a lawyer for claims above RM 5,000.

You have to file a Memorandum of Appearance within 14 days from the receipt of the Writ and Statement of Claim! In the event you failed to do so, a judgment in default maybe given against you!

If you have not appoint a lawyer in time, you need to attend the case management or mention to obtain court directions for the conduct of the case. If you have appointed lawyer, they will attend on your behalf.

Make sure that the proper party has been named in the Writ and Statement of Claim. Remember the time starts from the time you received the document !