Adjudication is currently in its green age, where many lessons and experience are yet to be learnt. The implementation since its first introduction in 2012 has shown a progressive dynamic as it is widely applied, with many claims resolved, despite numerous being referred to arbitration and litigation. Challenges made against the adjudication decision under various bases and the court only allows for limited grounds for challenges. The paper aims to establish the valid approaches to challenge adjudication decision within the Construction Industry Payment and Adjudication (CIPA) Act 2012 implementation. The objectives include underlining the common problems occurring within the implementation through the behaviour of adjudication practice and studying the basis for challenges in adjudication decision. Law case analysis was carried out using thematic analysis by extracting court judgements from several law cases and categorizing them within a particular theme. Once the data with similar theme was filtered, deductive reasoning was used to extract the conclusion. Limited grounds for admissibility of challenges included a claim against adjudicator acting in excess of his given jurisdiction and/or adjudicator who is in breach of natural justice. Limited ground for challenges are important to ensure the relevance of the adjudication institution while maintaining the role of the judiciary in conserving the fairness and justice within its implementation.
Legal studies and law related subject are unattractive to technical, engineering and design-based students. The research aims to explore the best way to approach legal studies for built environment students by examining the perceptions towards legal subjects, studying the method used in universities and finally, obtaining the best approach to tackle the least popular subject. Questionnaires were distributed to built environment students from Malaysian universities. The data collected were then processed using SPSS Software to better analyse the outcome. It is discovered that the students acknowledged the importance of legal subjects in preparing them for the industry. However, due to the unfamiliar nature and style of studies from what these students are accustomed to, deterred the students from taking great interest in the subjects. Improvement in the content of the syllabus and teaching approach are important in effort to make it less ‘black letter’ and less traditional, into something more animated and built-environment-friendly.
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