[1] This is an application to set aside an adjudication decision that was made under Construction Industry Payment Adjudication Act 2012 (CIPAA). The Adjudicator ordered the plaintiff to pay the defendant the sum of RM1,615,000.00. The defendant has objected to the application on the ground that it does not fall within the confines of s 15 of CIPAA.

Brief Background Facts

[2] The plaintiff was appointed by ABB Malaysia Sdn Bhd on 9th March 2011 to carry out sub-contract works in respect of a project known as Sabah Forest - ABB Mill Expansion Project. The sub-contract works is known as Electrical and Erection Works. The plaintiff sub-contracted the entire Electrical and Erection Works to the defendant. The plaintiff issued Purchase Order No 009/03/11 dated 18th February 2011 to the defendant. The sub-contract agreement between the plaintiff and defendant incorporated the terms and conditions of the agreement between the plaintiff and main contractor, ie ABB Malaysia Sdn Bhd. The sub-contract sum was stated as RM2,600,000.00. The defendant claimed a further RM1,750,000.00 for ad