COMMON QUESTIONS
CIPAA, asked plainly.
How long do you have to serve a payment response under CIPAA?
Ten working days from service of the payment claim, under s 6(3) of Act 746. If no payment response is served within that period, the unpaid party is deemed to have disputed the entire claim under s 6(4) — which is what opens the door to adjudication. Working days are counted by the state where the site sits; see the note on s 4 below.
Did the 2024 CIPAA amendment change the adjudication timelines?
No. Act A1738, the Construction Industry Payment and Adjudication (Amendment) Act 2024, came into force on 1 January 2026. Read against the gazette, it renames the Kuala Lumpur Regional Centre for Arbitration to the Asian International Arbitration Centre and the Director to the President of the AIAC Court, with consequential and savings provisions. It amends no day-count. The payment response is still 10 working days, the adjudication decision still 45 working days, and default payment under s 36 still 30 calendar days. Secondary commentary claiming the timelines tightened does not match the amending Act.
How long does an adjudicator have to decide?
Forty-five working days under s 12(2) of Act 746, running from the service of the adjudication response or the expiry of the period to serve it, whichever is earlier. The parties can agree to extend. A decision made out of time without an extension is open to challenge, so the date matters.
Is a working day the same everywhere in Malaysia?
No, and this is the detail most spreadsheets get wrong. Section 4 of Act 746 defines a working day by reference to the weekends and gazetted public holidays applicable where the site is located. Johor, Kedah, Kelantan and Terengganu observe a Friday–Saturday weekend; the rest of Malaysia observes Saturday–Sunday. State holidays differ again. The same trigger date therefore produces different statutory deadlines for a Johor site and a Selangor site.
What happens if the adjudicated sum is not paid?
Under s 36(4) of Act 746 the adjudicated amount is payable within 30 calendar days of receipt of the decision, unless the decision says otherwise. Beyond that the successful party's routes include enforcement as a judgment under s 28, suspension or reduction of work under s 29 after the required 14 calendar days' notice, and a request for direct payment from the principal under s 30.
Does CIPAA set a retention release period?
No. CIPAA prescribes no retention timetable. Retention and its release are governed by your contract — the PWD, PAM, CIDB or bespoke form you signed — so any retention milestone is contract arithmetic on terms you entered, not a statutory period. Treat any tool that presents a retention deadline as statutory with suspicion.
Sources: Construction Industry Payment and Adjudication Act 2012 (Act 746) and the Construction Industry Payment and Adjudication (Amendment) Act 2024 (Act A1738), both read in primary text. This page is general information about the statute, not legal advice on your contract or your dispute.