Construction Law
7 cases · October 2023 to December 2025
Case Volume by Year
1 23
6 25
2023–2025
Key Issues & Sub-Topics
Arbitration — Setting aside of arbitral award — Application under s 37 of Arbitration Act 2005– Alleged breach of natural justice — Whether arbitrator failed to consider material submissions –Whether expert witness evidence to be considered when it conflicts with contemporaneous evidence — Whether complaints in truth amounted to challenge on merits and contractual interpretation — Public policy — Minimal curial intervention — Finality of award — Discretion of court whether to set aside. 2 Adjudication under the Construction Industry Payment and 2 Adjudication under the Construction Industry Payment and Adjudication Act 2012 (CIPAA) — Setting aside of adjudication decision-- Whether the Adjudicator's failure to disclose his involvement in an ongoing Civil Suit constitutes a jurisdictional defect under Section 15(d) CIPAA-- Whether the non-disclosure or refusal to recuse himself gives rise to a reasonable suspicion of bias under Sections 15(b) and 15(c) of CIPAA--Whether the Adjudicator owes a duty to disclose-- Whether there was any denial of natural justice in the Adjudication Proceedings ---Whether the Plaintiff is estopped from challenging the decision due to its election to continue with the Adjudication despite of initial objections to the Adjudicator's alleged impartiality. 1 Arbitration — Setting aside of arbitral award — Application under sections 37(1)(a)(iv), 37(1)(b)(ii) and 37(2)(b) of the Arbitration Act 2005 — Breach of natural justice — Whether arbitrator failed to consider Interpretation Argument premised on textual comparison of Bills of Quantities between two contract packages — Whether Award reasoning disclosed a break in the chain of reasoning — Whether arbitrator exceeded jurisdiction by making findings on waiver and acquiescence not pleaded by parties — Whether observations on absence of contemporaneous complaints constituted legal findings of waiver or mere factual inferences drawn from the matrix to resolve pleaded contractual interpretation issue — Whether complaints in truth amounted to challenge on merits, weighing of evidence and findings of fact — Whether expert witness evidence on industry meaning of "erection" in construction contracts to be preferred over textual analysis — Minimal curial intervention — Finality of arbitral award. 1 Construction contracts — Adjudication of payment disputes — Construction Industry Payment and Adjudication Act 2012 (‘CIPAA’) — Claim for payment of unpaid progress for work done — Whether enforcement of adjudication decision in Section 28 CIPAA as an Order of the Court can be stayed — Section 16 CIPAA 1
Arbitration — Setting aside of arbitral award — Application under s 37 of Arbitration Act 2005– Alleged breach of natural justice — Whether arbitrator failed to consider material submissions –Whether expert witness evidence to be considered when it conflicts with contemporaneous evidence — Whether complaints in truth amounted to challenge on merits and contractual interpretation — Public policy — Minimal curial intervention — Finality of award — Discretion of court whether to set aside. 2 cases
Adjudication under the Construction Industry Payment and 2 cases
Adjudication under the Construction Industry Payment and Adjudication Act 2012 (CIPAA) — Setting aside of adjudication decision-- Whether the Adjudicator's failure to disclose his involvement in an ongoing Civil Suit constitutes a jurisdictional defect under Section 15(d) CIPAA-- Whether the non-disclosure or refusal to recuse himself gives rise to a reasonable suspicion of bias under Sections 15(b) and 15(c) of CIPAA--Whether the Adjudicator owes a duty to disclose-- Whether there was any denial of natural justice in the Adjudication Proceedings ---Whether the Plaintiff is estopped from challenging the decision due to its election to continue with the Adjudication despite of initial objections to the Adjudicator's alleged impartiality. 1 case
Arbitration — Setting aside of arbitral award — Application under sections 37(1)(a)(iv), 37(1)(b)(ii) and 37(2)(b) of the Arbitration Act 2005 — Breach of natural justice — Whether arbitrator failed to consider Interpretation Argument premised on textual comparison of Bills of Quantities between two contract packages — Whether Award reasoning disclosed a break in the chain of reasoning — Whether arbitrator exceeded jurisdiction by making findings on waiver and acquiescence not pleaded by parties — Whether observations on absence of contemporaneous complaints constituted legal findings of waiver or mere factual inferences drawn from the matrix to resolve pleaded contractual interpretation issue — Whether complaints in truth amounted to challenge on merits, weighing of evidence and findings of fact — Whether expert witness evidence on industry meaning of "erection" in construction contracts to be preferred over textual analysis — Minimal curial intervention — Finality of arbitral award. 1 case
Construction contracts — Adjudication of payment disputes — Construction Industry Payment and Adjudication Act 2012 (‘CIPAA’) — Claim for payment of unpaid progress for work done — Whether enforcement of adjudication decision in Section 28 CIPAA as an Order of the Court can be stayed — Section 16 CIPAA 1 case
Key Statutes
GST Act 2014
cited in 2 cases Contracts Act 1950 (Cap 136)
cited in 2 cases Rules of Court 2012
cited in 2 cases Arbitration Act 2005 (Cap 646)
cited in 2 cases Court Distribution
Key People & Firms
Top Judges
Cases
wa-24c-124-07-2025
PORATHA E & C SDN. BHD. v PETROFAC ENGINEERING SERVICES (MALAYSIA) SDN. BHD
21 December 2025
MYHC
wa-24carb-18-05-2025
EXPOWARISAN KONSORTIUM SDN BHD v JABATAN KERJA RAYA (SABAH)
9 December 2025
MYHC
wa-24carb-30-07-2025
GLOMAC KRISTAL SDN BHD v NORTON CONSTRUCTION SDN BHD
23 November 2025
MYHC
wa-24carb-32-08-2025
NORTON CONSTRUCTION SDN BHD v GLOMAC KRISTAL SDN BHD
23 November 2025
MYHC
wa-24c-62-04-2025
GRAND DYNAMIC BUILDERS SDN BHD v DAMAI CITY SDN BHD
5 November 2025
MYHC
wa-24c-80-04-2025
DAMAI CITY SDN BHD v GRAND DYNAMIC BUILDERS SDN. BHD.
5 November 2025
MYHC
02f-2-01-2023w
Econpile (M) Sdn Bhd v ASM Development (KL) Sdn Bhd
2 October 2023
MYFC