Malaysia legislation

Section 12

of CONSTRUCTION INDUSTRY PAYMENT AND ADJUDICATION ACT 2012

Section 12

Construction Industry Payment and Adjudication 13

(2)

Subject to subsection 19(5), the adjudicator shall decide the dispute and deliver the adjudication decision within—

(a)

forty-five working days from the service of the adjudication response or reply to the adjudication response, whichever is later;

(b)

forty-five working days from the expiry of the period prescribed for the service of the adjudication response if no adjudication response is received; or

(c)

such further time as agreed to by the parties.

(3)

An adjudication decision which is not made within the period specified in subsection (2) is void.

(4)

The adjudication decision shall be made in writing and shall contain reasons for such decision unless the requirement for reasons is dispensed with by the parties.

(5)

The adjudication decision shall also determine the adjudicated amount and the time and manner the adjudicated amount is payable.

(6)

The adjudicator shall serve a copy of the adjudication decision, including any corrected adjudication decision made under subsection (7), on the parties and the Director of the KLRCA.

(7)

The adjudicator may at any time correct any computational or typographical error on the adjudicator’s own initiative or at the request of any party.

Act 746

(8)

The enforcement of the adjudication decision shall not be affected in any way by a request for correction under subsection (7)

and any correction made is deemed to take effect from the date of the original adjudication decision.

(9)

The Evidence Act 1950 [Act 56] shall not apply to adjudication proceedings under this Act.

Effect of adjudication decision