KUALA LUMPUR, May 2 – The Department of Quantity Surveying, Faculty of Built Environment and Surveying (FABU), Universiti Teknologi Malaysia (UTM) organized an academic visit and seminar program for the MSc in Construction Contract Management program. The event was attended by a delegation of 25 students and 5 accompanying senior lecturers. The 3-day academic visit took place in Kuala Lumpur from May 2nd to 4th, 2024. It commenced with a visit to the Construction Court Kuala Lumpur, followed by visits to the Asian International Arbitration Centre (AIAC) and UDA-38 with Johawaki Construction Sdn. Bhd. Additionally, an industry seminar was held also at UTM Kuala Lumpur.
The first visit, on May 2nd, took place at the specialized Construction Court within the Kuala Lumpur Court Complex. The objective of this visit was to provide insights into court proceedings, with participants having an opportunity observing a High Court Judge leading and managing the proceedings, as well as witnessing how case parties pursued their winning strategies.
Firstly, in the morning, the UTM delegates were welcomed by Puan Saira Banu binti Mohamed Ashrof Raja, Senior Assistant Registrar (PKP), who served as the representative of the specialized Construction Court Kuala Lumpur. She provided background information about the historical establishment of the court and delivered a brief overview of the case proceedings that the delegates would observe later in the day. Furthermore, she explained basic etiquette for visiting a court and attending a hearing.
The specialized Construction Court at the Kuala Lumpur Court Complex was inaugurated on April 14th, 2014. Its establishment followed a proposal by the Construction Industry Development Board (CIDB) and the Bar Council in early 2013. This initiative led to the establishment of two specialized Construction Courts in Kuala Lumpur and Shah Alam. The purpose of establishing these specialized courts was to transform the construction industry by providing expedited resolution of grievances and disputes through judges with specialized knowledge and experience in construction matters. Additionally, the operation of the specialized Construction Court aims to ensure consistent improvement in delivering high-quality justice within reasonable timeframes and costs, thereby enhancing efficiency, growth, and productivity in the industry.
The establishment of the specialized Construction Court was a significant step forward in supporting the enforcement of the Construction Industry Payment and Adjudication Act (2012) (CIPAA). Since its enforcement, the CIPAA has provided significant remedies to issues related to protracted resolution of construction disputes, delays, and non-payment. The specialized Construction Court serves as a supplementary and complementary instrument to the enforcement of the CIPAA. It provides the construction industry with a comprehensive judicial process encompassing statutory construction adjudication, construction arbitration, and litigation, thereby enabling systematic resolution of all disputes.
Furthermore, the specialized Construction Court is looking for a major renovation scheduled to begin as early as next year. Following a series of benchmarking exercises involving courtroom systems in Singapore, the UK, Australia, and Hong Kong, the renovation will primarily focus on incorporating new and cutting-edge technology to enhance the conduct and management of proceedings in the courtroom.
The court proceeding observed by the UTM delegates was led by one of the most prominent and experienced High Court Judges in the High Court Kuala Lumpur, The Honourable Justice Nadzarin bin Wok Nordin. His Lordship was appointed as a Judicial Commissioner on November 28th, 2019, and was further elevated as a High Court Judge on April 27th, 2022. The observation of the proceedings began at 11:00 a.m., with the UTM delegates seated as audience members of the court. The agenda for the day’s proceedings was to examine the defendant’s factual witness statement, given by a Senior Civil and Structural Engineer of the project. The Court was adjourned at 2:00 p.m., after which the judge met with the UTM delegates to provide advice and insights relating to construction disputes.
The delegates were grateful to have been directly and personally addressed by Y.A. Tuan Nadzarin, as His Lordship expressed appreciation for their visit to the court and emphasized the importance of best practices in construction contract management. His Lordship shared his views and experiences in leading court cases, particularly in the specialized construction court. He left the delegates with crucial reminders to always adhere to the procedural requirements of contracts and the importance of thorough documentation.
Article written by: Farrah Azwanee Aminuddin, Hamizah Liyana Tajul Ariffin, Fadhil Akbar Siregar