Case Analysis Report

Requirements To Be Met For Taking Up Case Under CIPAA Adjudication Proceeding
If your dispute is not suitable for taking up a case under CIPAA Adjudication Proceeding, we may still have some other option to offer you.

1. The Contract is entered between you and a natural person (an individual, not a company).

Yes

2. The building of the project is lesser than 4 storey high (including basement).

Yes

3. Is the project constructed intended for your Client's business purpose?

Yes

General Information Of Your Project

1. Date of Contract signed

2. Type of project for this Contract (e.g. high rise residential building, shop lot, bungalow, mall)

3. Your scope of work under this Contract (e.g. earthwork, M&E works, piling work, aluminium & glazing works)

4. Project site location

5. Status of Contract

6. Disputed Amount (MYR)

Project Analysis

1. What is the type of Contract?

2. Have you submitted your latest Payment Application? e.g. Monthly Progress Claims, Tax Invoices/Invoices, Proforma Invoices, etc.

Yes

3. Have your client fully verify/approve/certify/agree on your latest Payment Application?

Yes

4. Do you have any proof of works done or works verification? e.g. Payment Certificates, Joint Evaluation Report, Testing & Commissioning Report, Cert. of Practical Completion ("CPC"), etc.)

Yes

5. What type of other disputes do you have?

Variation Orders ("VO")

Liquidated Damages ("LD")

Back-Charges

Retention Sum ("RS")

Performance Bond ("PB")

Others

Analysis on Variation Order ("VO") Works

1. Do you receive any written instruction from your client? e.g. Architect's Instructions, Site Memo, Minutes of Meeting, Work Orders, Whatsapp Conversation, etc

Yes

2. Have you submitted your quotation before you start the works?

Yes

3. Did your client approved/agreed/signed on your quotation?

Yes

No Respond

4. Do you have the proof of works done on your VO works? e.g. Signed Joint Valuation Reports, Worker Cards (Kong Cards), Photos, Testing & Commissioning Report, etc.

Yes

5. Did your client make partial payment towards your works done on VO Works?

Yes

Analysis on Liquidated Damages ("LD")

1. Was the delay caused by you?

Yes

Partial

2. Did you have the documents to proof the delay is not caused by you?

Yes

3. Did you apply for Extension of Time ("EOT") or notify your client on the delay?

Yes

4. Did your client grant EOT to you or take note on the delay?

Yes

5. Did your client issue you a Certificate of Non-Completion ("CNC") or notice on the intention to impose LD?

Yes

6. Did you serve a notice/letter to your client to deny the LD?

Yes

Analysis on Back-Charges

1. Did your client send you the Notice of Defects, Non-Conformance Report ("NCR") or any documents regarding back-charges before they back-charge you?

Yes

2. Did you serve a notice/letter to your client to deny the Back-Charge?

Yes

Analysis on Retention Sum

1. What Retention Sum are you in dispute?

1st Moiety

2nd Moiety

Both

a. Analysis on 1st Moiety Retention Sum

1. Did you practically complete your works?

Yes

2. Did you receive Certificate of Pratical Completion ("CPC") from your client or any written documents issued by your client that prove your works are practically completed?

Yes

3. Do you have the proof of works practically completed? e.g. Photos of the project in operation (running), CPC, Certificate of Vacant Possession ("VP"), Hand Over Documents, etc.

Yes

b. Analysis on 2nd Moiety Retention Sum

1. Is there any outstanding defect?

Yes

2. Did you receive Certificate of Making Good Defects ("CMGD") from your client or any written documents issued by your client that prove you have rectified all the defects?

Yes

3. Do you have the proof of completion of defects rectification works? e.g. CMGD, Signed-off Documents for Completion of Defects Rectification Works, etc.

Yes

Analysis on Performance Bond

1. Did you receive any notices from your client complaining about your non-performance or under-performance?

Yes

Basic Personal Information

1. Name

2. Handphone Number

3. Company Name

4. Company Address

5. Company Phone Number

6. Email Address

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