Malaysia legislation
Section 36
Section 36
(a)
the contract price for the construction work or construction consultancy services;
(b)
any other rate specified in the construction contract;
(c)
any variation agreed to by the parties to the construction contract by which the contract price or any other rate specified in the construction contract is to be adjusted;
and
(d)
the estimated reasonable cost of rectifying any defect or correcting any non-conformance or the diminution in the value of the construction work or construction consultancy services performed, whichever is more reasonable.
(2)
In the absence of any of the matters referred to in paragraphs (1)(a) to (d), reference shall be made to—
(a)
the fees prescribed by the relevant regulatory board under any written law; or
(b)
if there are no prescribed fees referred to in paragraph
(a)
, the fair and reasonable prices or rates prevailing in the construction industry at the time of the carrying out of the construction work or the construction consultancy services.
(3)
The frequency of progress payment is—
(a)
monthly, for construction work and construction consultancy services; and
(b)
upon the delivery of supply, for the supply of construction materials, equipment or workers in connection with a construction contract.
(4)
The due date for payment under subsection (3) is thirty calendar days from the receipt of the invoice.
Act 746
Relationship between adjudication and other dispute resolution process