Adjudication Proceedings in Construction Contracts: An Overview of Anas v JKP [Civil Appeal No: 02(f)-4-01- 2023(P)]
The recent Federal Court case of Anas Construction Sdn Bhd v JKP Sdn Bhd raises interesting perspectives on the efficiency of adjudication. Parties aspire for expeditious resolution of disputes; however, where a stringent and literal approach to the construction of contractual clauses may sometimes thwart the expeditious resolution of disputes.
Brief Facts
Anas Construction (“the Appellant”) was the main contractor for a 24-storey flat construction project appointed by JKP (“the Respondent”); a PWD standard form contract applied. Several disputes relating to professional fees arose. The Appellant terminated the contract on 15 May 2017. Adjudication ensued. Conflicting decisions by the High Court (“HC”) and the Court of Appeal (“CA”) in respect of the adjudication, were handed down.
Adjudication Process
The Appellant submitted a Payment Claim; it was denied by the Respondent, resulting in adjudication. The Adjudicator’s Decision favoured the Appellant, prompting applications from both parties — the Appellant sought enforcement; the Respondent applied to set aside the decision, citing a denial of natural justice and excess of jurisdiction.
For further information, please contact:
Hiral S Sanghvi, Shearn Delamore & Co
hiral.sanghvi@shearndelamore.com
