The adequacy of Malaysian security of payment legislation for sub-contractors in construction industry

Supardi, Azizan and Adnan, Hamimah and Mohammad, Mohammad Fadhil (2011): The adequacy of Malaysian security of payment legislation for sub-contractors in construction industry. Published in: Sixth International Conference on Construction in the 21st Century (5 July 2011): pp. 677-684.

Abstract

In Malaysia, the particularly small sized subcontractors are definitely benefited from payment provisions in the proposed Construction Industry Payment and Adjudication Act (CIPA Act). However, they need to enhance their knowledge of the so-called the ‘Security of Payment’ Regime to benefits from the Act. Due to this, this on-going research attempts to introduce payment framework to the sub-contractors, in giving the knowledge, to claim for payment. This paper, though, is to disclose the finding of the level of knowledge that the sub-contractors have to the proposed Act, by preliminary analyzing the quantitative questionnaire survey. It was found that the adequacy of security of payment framework to the particularly small sized sub-contractors needs to be produced, and the analysis on effectiveness of the various avenues incorporated in the construction contract or statutes in the other developed countries as well as the proposed Act needs to be done. However, as long as the regime remains in proposal, the sub-contractors have to bear with the current structure of payment mechanisms in the standard forms of contract, which are payment upon certification, direct payment from the employer, and contingent or conditional payment.

• Item Type: MPRA Paper
• Language: English
• Keywords: legal readiness; Malaysia; sub-contractors; security of payment; construction industry
• Subjects: K - Law and Economics > K3 - Other Substantive Areas of Law > K32 - Environmental, Health, and Safety Law; K - Law and Economics > K1 - Basic Areas of Law > K12 - Contract Law; L - Industrial Organization > L7 - Industry Studies: Primary Products and Construction > L74 - Construction

References

Abdullah, F. (2004). Construction industry and economic development: The Malaysian scene. Johor: Universiti Teknologi Malaysia.

Ameer-Ali, N. A. N. (2006). A “Construction Industry Payment and Adjudication Act”: Reducing payment-default and increasing dispute resolution efficiency in construction. Masters Builders, 3, 4-14.

Che-Munaaim, M. E. (2009). The security of payment regime in Malaysia: Will it be effective?. Proceeding from COBRA 2009: The Construction and Building Research Conference, 1626-639. London: RICS.

Constable, A. (2006). Construction Industry Payment and Adjudication Legislation: The choice that lies ahead for Malaysia. International Construction Law Review, 78-88.

Fong, L. C. (2005). The Malaysian construction industry – The present dilemmas of unpaid contractors. Masters Builders, 4, 80-82.

May, A.L. & Siddiqi, K. (2006). Contingent-payment provision puzzle – Safeguarding against and unintended outcome. Journal of Architectural Engineering, 12, 158-162.

Sin, T. A. S. (2006). Payment issues – The present dilemmas of Malaysian construction industry. Masters dissertation. Retrieved from Universiti Teknologi Malaysia Institutional Repository.

Singh, H. (2006). Construction of contingent payment clauses: Is there light at the end of the tunnel?. Malayan Law Journal Articles, 3.

Supardi, A., Adnan, H, & Mohammad, M. F. (2010). Sub-contractors’ Readiness on the Malaysian Security of Payment Legislation in Construction Industry. Proceeding from ICCPM 2010: 2010 International Conference on Construction and Project Management, 248-252. Chengdu, China: Institute of Electrical and Electronics Engineers (IEEE).

Supardi, A., Adnan, H., & Mohammad, M. F. (2011). Security of Payment Regime in Construction Industry: Are Malaysian Sub-Contractors Ready?. The Built & Human Environment Review, 4(1), 122-137.

Supardi, A., Adnan, H., & Yaakob, J. (2009). Legal Analysis on Malaysian Construction Contract: Conditional versus Unconditional Performance Bond. Journal of Politics and Law, 2(3), 25-34.

Uher, T. E., & Brand, M. C. (2008). Impact of the ‘Security of Payment’ Act in New South Wales on clients, contractors and subcontractors. Proceeding from BEAR 2008: Building Resilience: The CIB International Conference on Building Education and Research, 1274-1286. University of Salford, UK: School of the Built Environment.