Factsįirst Commerce Sdn Bhd was appointed as the main contractor by the employer of a project to build and complete the super structure of the project. The recent high court decision in First Commerce Sdn Bhd v Titan Vista Sdn Bhd and another case (1) examined the extent of an adjudicator’s powers to determine remedies and interest in unique circumstances where a payment clause was void and the default statutory implied payment provision in the CIPAA was pleaded. Section 25 of the Construction Industry Payment and Adjudication Act (CIPAA) 2012 lists adjudicators’ extensive powers in adjudication proceedings, including the power to award financing costs and interest.
