Construction court in Malaysia: a legal analysis / Farisha Husna Mat Darus...[et al.]

The reasoning behind this research is to study the effectiveness and efficiency of the
Malaysian Construction Court, which is a new specialist court in the Malaysian legal
landscape. As the Construction Court is still in its infancy, this research is carried out in
order to provide information on the Construction Court, where previously no
information has been made available. Besides that, the research is also carried out in
order to see if it is necessary to establish a Construction Court, and if the Construction
Court has been effective. A qualitative approach is taken in doing the research.
Interviews with the Construction Court judges and the General Manager of Business
Division of the Construction Industrial Development Board had been conducted in order
to gain relevant information. As the construction industry is increasingly developing,
this research may be beneficial to those in the construction industry, and also to those
with an interest in construction law. The focus of the research is on the effectiveness and
efficiency of the Construction Court in order to determine whether the establishment of
the Construction Court is necessary and warranted. An examination of the construction
industry in Malaysia prior to the establishment of the Construction Court is made,
whereby it was found that the construction industry had faced certain disadvantages
which slowed its progression. The disadvantages include the lengthy time take to resolve
disputes, inadequate relief, and the insufficiency of dispute resolution provided by civil
courts and arbitration. This gave rise to the establishment of the Construction Court,
which was the product of like-minded parties including the construction industry and the
judiciary. The collaboration occurred in a bit to address the issues that are faced by the
construction industry, which may affect adversely the Malaysian economy. Many cases
have been filed at the Construction Court since its inception, which can be interpreted^
that there is a demand for a specialist Construction Court. According to the Construction
Industry Development Board, out of the 205 cases filed in the Construction Court, 124
cases were disposed by June 2014, meaning that 60.5% of cases were disposed in the
period of fifteen months. Based on the number of cases disposed, it can be said that the
Construction Court is effective.