Malaysia legislation
Section 4
Section 4
Interpretation
“adjudication decision” means the decision made by an adjudicator under subsection 12(2);
“adjudication proceedings” means the process of adjudication under this Act;
“adjudicator” means an individual appointed to adjudicate a dispute under this Act;
“claimant” means an aggrieved party in a construction contract who initiates adjudication proceedings;
“construction consultancy contract” means a contract to carry out consultancy services in relation to construction work and includes planning and feasibility study, architectural work, engineering, surveying, exterior and interior decoration, landscaping and project management services;
“construction contract” means a construction work contract or construction consultancy contract;
“construction work” means the construction, extension, installation, repair, maintenance, renewal, removal, renovation, alteration, dismantling, or demolition of—
(a)
any building, erection, edifice, structure, wall, fence or chimney, whether constructed wholly or partly above or below ground level;
(b)
any road, harbour works, railway, cableway, canal or aerodrome;
(c)
any drainage, irrigation or river control work;
Construction Industry Payment and Adjudication 9
(d)
any electrical, mechanical, water, gas, oil, petrochemical or telecommunication work; or
(e)
any bridge, viaduct, dam, reservoir, earthworks, pipeline, sewer, aqueduct, culvert, drive, shaft, tunnel or reclamation work, and includes—
(A)
any work which forms an integral part of, or are preparatory to or temporary for the works described in paragraphs
(a)
to (e), including site clearance, soil investigation and improvement, earth-moving, excavation, laying of foundation, site restoration and landscaping; and
(B)
procurement of construction materials, equipment or workers, as necessarily required for any works described in paragraphs (a) to (e);
“construction work contract” means a contract to carry out construction work;
“contract administrator” means an architect, engineer, superintending officer or other person howsoever designated who administers a construction contract;
“Government” means the Federal Government or the State
Government;
“High Court” means the High Court in Malaya or the High
Court in Sabah and Sarawak, as the case may require;
“KLRCA” means the Kuala Lumpur Regional Centre for
Arbitration;
“Minister” means the Minister charged with the responsibility for works;
“non-paying party” means a party against whom a payment claim is made pursuant to a construction contract;
“payment” means a payment for work done or services rendered under the express terms of a construction contract;
Act 746
“principal” means a party who has contracted with and is liable to make payment to another party where that other party has in turn contracted with and is liable to make payment to a further person in a chain of construction contracts;
“respondent” means the person on whom the notice of adjudication and adjudication claim has been served;
“site” means the place where the construction work is affixed whether on-shore or off-shore;
“unpaid party” means a party who claims payment of a sum which has not been paid in whole or in part under a construction contract;
“working day” means a calendar day but exclude weekends and public holidays applicable at the State or Federal Territory where the site is located.