Loading...
Please wait, while we are loading the content...
Similar Documents
Cipaa: Tracing the Development and Investigating the Effectiveness of Statutory Adjudication in Malaysia Constuction Industry
| Content Provider | Semantic Scholar |
|---|---|
| Author | Chang, Zheng |
| Copyright Year | 2016 |
| Abstract | Construction Industry Payment and Adjudication Act 2012 was enforced on year 2014, providing a mechanism to resolve payment disputes fairly, swiftly and cost effectively. The main four objectives of CIPAA is identified, which are fairness objective, speed objective, informality objective and cost effectiveness. A number of criteria have been devised for each main objective. A total of 38 qualified adjudicators participated in the survey, differentiated into two groups based on their type of profession. The respondents were required to evaluate the criteria against a 5 points likert scale. Descriptive Statistical Method and Mann-Whitney U-test is performed to identify trend and significance of views. Statistical Reports by KLRCA and case laws are referred in the discussion. It is confirm that the respondents generally agreed that the adjudication mechanism is effective against payment disputes or situations of payment defaults. The essence of the mechanism, the time need for the resolve of a payment dispute is without a doubt completed within the timeframe stipulated under the Act in accordance with the respondents’ evaluation. The adjudication decisions is proved to fair thus far as most decisions remained uncontested and the adjudicator’s fees is considered as reasonable when weight against the percentage on the amount disputed. However, the mechanism at this early stage is still very formal, providing that legal assistance or extensive knowledge on adjudication personnel may be required to make a successful adjudication claim. The assessment of effectiveness of statutory adjudication however is only subjected to the opinions of qualified adjudicators. Participation of parties that have been involved in adjudication proceedings will likely to produce a more accurate assessment on the effectiveness of the system. However, such participation may be difficult as adjudication proceedings are protected by confidentiality as stipulated under the Act. |
| File Format | PDF HTM / HTML |
| Alternate Webpage(s) | http://eprints.utar.edu.my/3319/1/QS-2016-1308381-1.pdf |
| Language | English |
| Access Restriction | Open |
| Content Type | Text |
| Resource Type | Article |
