Abu Bakar Jais JCA:

GROUNDS OF JUDGMENT

Introduction

[1]This is an appeal against the decision of the learned judge at the High Court (“HC”) who had dismissed the application by the appellant for a stay of the adjudication decision by the adjudicator pending arbitration pursuant to the Construction Industry Payment and Adjudication Act 2021 (“CIPAA”).

Backgrounds Facts

[2]The appellant appointed the respondent as a contractor for some construction works. The date of commencement and completion of the works are on 8.10.2016 and 7.1.2018 respectively. The completion date was extended to 7.4.2018. However, the works were not completed by the extended completion date. The parties negotiated but were still not able to achieve an agreement on a further completion date.

[3]As a result, the appellant’s architect retrospectively issued a certificate of non-completion dated 7.4.2018 entitling the appellant to deduct or recover liquidated and ascertained damages (“LAD”) for late completion of the works from the respondent.

[4]Since the commencement of the works, the respondent submitted 27 progress payment claims. However, the appellant’s superintending officer (“SO”) only issued 15 interim payment