Malaysia legislation

Section 35

of CONSTRUCTION INDUSTRY PAYMENT AND ADJUDICATION ACT 2012

Section 35

(2)

For the purposes of this section, it is a conditional payment provision when—

(a)

the obligation of one party to make payment is conditional upon that party having received payment from a third party; or

(b)

the obligation of one party to make payment is conditional upon the availability of funds or drawdown of financing facilities of that party.

Construction Industry Payment and Adjudication 25

Default provisions in the absence of terms of payment

Section 35 — CONSTRUCTION INDUSTRY PAYMENT AND ADJUDICATION ACT 2012