Practice Areas
Three construction law services — each designed around how the work actually runs
Contract review, CIPAA adjudication, and arbitration or High Court proceedings. The process, scope and fee for each is described in detail below.
Back to HomeOur Methodology
How we approach every construction matter
STEP 01
Read the documents
The contract, correspondence and any site records are reviewed before any advice is given. We do not advise on hypotheticals before seeing the actual documents.
STEP 02
Assess the merits plainly
A written assessment of the legal position — including the weaker aspects — is provided so that the client can decide whether and how to proceed.
STEP 03
Execute the agreed scope
Work proceeds within a written scope and fee arrangement. The client is updated at each material stage. No scope expansion without client agreement.
Service 01
Construction Contract Review
(PAM, CIDB, FIDIC)
A technically considered review of construction contracts including PAM Contract 2018 (With and Without Quantities), CIDB Form of Contract, PWD Form 203, FIDIC Red/Yellow/Silver Books, and bespoke amendments. The review examines the time-related provisions (EOT entitlement, liquidated and ascertained damages), payment architecture, variation mechanics, sub-contract provisions, insurance and indemnity allocation, dispute escalation pathways, and interaction with the Construction Industry Payment and Adjudication Act 2012.
The output is a marked-up contract with a concise commentary keyed to clause numbers, designed to support your commercial team's negotiation rather than to replace it.
What the review covers
- Extension of time entitlement and notification requirements
- Liquidated and ascertained damages (LAD) provisions
- Payment mechanism and payment certificate regime
- Variation order procedures and pricing
- Sub-contract back-to-back provisions
- Insurance and third party indemnity allocation
- Dispute escalation pathway and arbitration clause
- CIPAA interaction and payment claim rights
PROCESS STEPS
- Client sends contract documents
- Scope letter issued with fixed fee confirmation
- Review and marked-up commentary prepared
- Delivery within agreed timeframe
- Follow-up call available to discuss findings
Scope of representation
- Drafting the Payment Claim (claimant) or reviewing a received claim
- Drafting or responding to the Payment Response
- AIAC referral notice and appointment procedures
- Full written Adjudication Claim or Adjudication Response
- Reply and Rejoinder where permitted
- Jurisdiction submissions where applicable
- Liaison with the appointed adjudicator
- Post-decision: enforcement or setting-aside advice
CIPAA KEY TIMELINES
Service 02
CIPAA Adjudication
Representation
Representation for either party in adjudication proceedings under CIPAA 2012 — claimants seeking payment for construction work done, or respondents defending against payment claims. Engagements cover drafting or responding to the payment claim and payment response, written adjudication claim and response submissions, reply and rejoinder, submissions on jurisdiction where applicable, and liaison with the adjudicator appointed by the Asian International Arbitration Centre (AIAC).
We provide realistic advice on CIPAA's intended cash-flow function and its limits — the decision binds only on a temporarily final basis and may be revisited in arbitration or court — so that expectations are calibrated from the start.
Service 03
Construction Arbitration &
High Court Disputes
Full representation in more substantial construction disputes proceeding to arbitration under AIAC Arbitration Rules or to the Construction Court of the High Court. Matters typically concern final account disputes, delay and prolongation claims, quality and defects disputes, termination-for-convenience controversies, and professional consultant negligence.
Engagements include merits analysis, forum advice (AIAC vs court), statement of claim and defence drafting, expert witness coordination (quantum, delay analysis, technical), hearing advocacy, and post-award enforcement or setting-aside procedures. The practice prefers documentary and expert-led argument.
What full representation includes
- Initial merits assessment and forum advice
- Statement of Claim / Defence and Counterclaim
- Reply and Defence to Counterclaim
- Quantum expert and delay analyst coordination
- Expert report review and integration into submissions
- Hearing preparation and advocacy
- Post-hearing written submissions
- Award enforcement or setting-aside advice
Comparison Matrix
Choosing the right service for your situation
| Feature | Contract Review RM 780 |
CIPAA RM 2,500 |
Arbitration / Court RM 3,850 |
|---|---|---|---|
| Best used | Before signing or at contract start | Active payment dispute on a written construction contract | Complex, high-value or multi-issue construction disputes |
| Typical duration | 5–10 working days | 2–3 months (statutory process) | 6 months – 2 years |
| Binding outcome | Temporarily binding | Final and enforceable | |
| Expert witnesses | Sometimes | Usually required | |
| Confidential process | Arbitration: yes. Court: public record |
Fees shown are starting fees. Scope and total cost are confirmed in a written engagement letter before work begins.
Standards Across All Services
How every Waja Law engagement is run
Written engagement letter
Scope, fee, billing terms and deliverables confirmed in writing before work begins.
Legal professional privilege
All communications are protected by lawyer-client privilege and treated with strict confidentiality.
Bar Council compliance
Operating under the Legal Profession Act 1976 and Bar Council rules including Solicitors' Accounts Rules.
Professional indemnity
The practice carries professional indemnity insurance as required by the Bar Council.
CIPAA deadline tracking
Statutory dates under CIPAA are tracked from day one and communicated in writing to the client.
Phased commitment
Clients are not committed to the full matter at the outset. Each phase is agreed separately after the merits are assessed.
Begin an engagement
Tell Waja Law about your construction matter
Send your contract or a brief description of the dispute. We will review the documents and advise on which service applies and what the realistic options are.