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Revival of a Cause of Action by Acknowledgement of Debt - Section 26 (2) of the Limitation Act 1953

Can an acknowledgement of debt under s. 26(2) of the Limitation Act 1953 be made after the limitation period has already expired, thereby reviving a statute-barred cause of action? The Shah Alam High Court in the case of Makeway Construction Sdn Bhd v Country Heights Smart Living Sdn Bhd [Suit No.: BA-22C-21-07/2025] answers this exact question. Disclosure: Our Mr. Polwin Sua Shiang-Nian successfully acted for the Plaintiff in this matter. Background Facts The Plaintiff had c

Aug 52 min read

Are Retention Sums in Ongoing Projects Subject to Direct Payment under Section 30 CIPAA?

Section 30 of the Construction Industry Payment and Adjudication Act 2012 (“CIPAA”) provides a potent enforcement mechanism allowing the successful party (subcontractor) to an adjudication to seek direct payment from the principal where the unsuccessful party (main contractor) fails to satisfy an adjudication decision. A key issue has emerged on the meaning of “due or payable” in Section 30(5) CIPAA, particularly in relation to retention sums where contractual conditions fo

Jun 208 min read

Beyond the Defects Liability Period (DLP): Latent Defects in Housing Developments

The High Court rules that developers remain liable for latent defects after the 24-month Defects Liability Period (DLP), and certificates like CMGD do not shield them from homeowners’ claims.

Mar 226 min read