Supardi, Azizan and Adnan, Hamimah (2011): Security of payment in Malaysian construction industry: issues on sub-contract's direct payment. Published in: 3rd International Conference on Mechanical and Electrical Technology , Vol. 3, (26. August 2011): pp. 407-412.
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In Malaysia, 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. However, „direct payment‟ provision is applied for in most of the nominated sub-contracts and not to the domestic sub-contractors; thus the Construction Industry Payment and Adjudication (CIPA) Act is proposed. This paper, though, is to disclose the findings on legal cases and sub-contractors‟ perspective on direct payment, by preliminary analyzing the quantitative questionnaire survey to the first 81 from the identified 1,500 sub-contractors throughout the country. Before that, from 186 cases, only 5 selected cases are analysed that thoroughly addressed the judgment of direct payment. It is found out that the particularly small sized subcontractors are definitely need to enhance their knowledge of the so-called the „Security of Payment‟ Regime to benefits from the proposed Act.
|Item Type:||MPRA Paper|
|Original Title:||Security of payment in Malaysian construction industry: issues on sub-contract's direct payment|
|English Title:||Security of payment in Malaysian construction industry: issues on sub-contract's direct payment|
|Keywords:||Malaysia; Legal readiness; 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
|Depositing User:||Azizan Supardi|
|Date Deposited:||10. Oct 2011 10:50|
|Last Modified:||14. Feb 2013 13:17|
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