CONFIDENTIAL AP/QSM507/BQS507

UNIVERSITI TEKNOLOGI MARA

CENTRE OF STUDIES FOR QUANTITY SURVEYING

FACULTY OF ARCHITECTURE PLANNING AND SURVEYING

CONSTRUCTION LAW II (QSM507/BQS507)

COURSEWORK 2

Instructions:

a) This is a group assignment consisting of five (5) or six (6) members.

b) The submission should be in the form stated in the tasks by using good English.
c) Each member of the group shall be part of the group’s video presentation.
d) Issue: Week 8 and Submission: Week 10

COURSEWORK 2

THE TASK - Groups are required to prepare an A1 creative poster video presentation containing the
following:

The group to analyse the following law case by explaining the reasons behind your solutions on the
given issues with reference to the relevant Clauses in the Construction Industry Payment and
Adjudication Act 2012 (“CIPAA”):

As a result of a payment dispute the Contractor/Respondent filed an adjudication claim

against the Employer/Appellant. After commencement of the adjudication process, the
Employer applied to challenge Section 41 of the Construction Industry Payment and
Adjudication Act 2012 (“CIPAA”) with a view to challenging the jurisdiction of the
Adjudicator. Before the Section 41 application was disposed of in the High Court, the
Adjudicator delivered the award. The award was in favour of the Contractor. The
Contractor applied to the High Court for an order to enforce the award as a judgement of
the High Court, pursuant to Section 28 of CIPAA. The Employer applied to set aside or
stay the award pursuant to Section 15 and 16 of CIPAA.

The issues arising for application to challenge the award were: (1) whether the Contractor
can apply for the enforcement of the award; and (ii) whether the Employer can apply to
set aside or stay the award.

(20 marks)

END OF TASK