CIPAA 2012
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What is CIPAA 2012?
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| The Construction Industry Payment and Adjudication Act [“CIPAA 2012”] seeks:
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To facilitate regular & timely payment
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To provide a mechanism for speedy dispute resolution through adjudication
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To provide remedies for recovery of payment in the construction industry
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To provide for connected and incidental matters
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Why CIPAA 2012?
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When a construction dispute is referred to adjudication, the adjudication decision by the Adjudicator will be legally binding unless it is set aside by the High Court (on limited grounds provided in section 15 of CIPAA 2012), or settled by written agreement between the parties, or being resolved by arbitration or litigation.
If the aggrieved party refuse to the whole or any part of the adjudicated amount, the successful party in an adjudication proceeding may exercise one or all the remedies in Part IV of the CIPAA 2012, including:
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Enforcement of Adjudication
Decision as Judgement of
Order of the High Court
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Suspension or Reduction
of Rate of Progress
of Performance
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Direct Payment
from Principal
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| Unless a stay is granted by the High Court, the successful party may exercise any or all the remedies provided in CIPAA 2012 concurrently to enforce the adjudication decision. The remedies provided by CIPAA 2012 are without prejudice to other rights and remedies available in the construction contract or any written law, including any penalty provided under any written law. So far, the success rate where the adjudication decision is awarded in Claimant’s favour is almost 90%.
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How do we help?
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| We have qualified person who satisfied the competency standard and criteria of an adjudicator as required under the CIPAA 2012 by the Asian International Arbitration Centre embed link: www.aiac.world (AIAC). We can assist you in handling construction payment disputes including recovering the construction debt or defending against CIPAA claim by acting on behalf of the Claimant/ Respondent.
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How long it takes?
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| An adjudication proceeding under CIPAA 2012 will normally take about 80-95 days from the date of filing of the Payment Claim.
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Construction Industry Payment and Adjudication Act 2012
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 Download PDF
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