摘要:Some developed countries have drawn lip construction -specific s tatutory sec uri ty of paymentac ts/ legis la tions typically known as Cons tru ction Cont rac ts Act to eliminate poor paymen tpract ices and to ass ist con tinu ous uninterrupted construct ion works. Malaysia too cannot pretendnot to hav e these problems. This paper present s find ings of a s tudy cond ucted amongst Malays iancont ractors with the aims to det erm ine the seriousness of late and non- payment problems; toidentify the main causes and effects of late and non-payment; and to identify ways to sustain thepayment flows in the Malaysian cons truction industry. The study focused on contractual paymentsfrom the paymaster (government or private) to the cont ractors. The main factors for late and nonpaymentin the construction ind us try identified from the study include: de lay in certification,paymaster's poor fina ncial man agement, local culture/nttuude, paymaster's failure to impl ementgood governance in business, underpayment of certified amou nts by the paymaster and the use of'pay when paid' clauses in contrac ts. The resear ch findin gs show that late and non-payment cancreate cash flow problems, stress and financi al hardship on the contractors . Amongs t the mostappropriate so luti ons to ove rcome the problem of late and non-payment faced by local contrac torsinclude : a right to reg ular pe riod ic payment, a right to a defined time fram e (or payment and aright to a speedy dispute resoluti on mechanism. Promp tness of submi tting, processing, issuinginterim payment certifica tes and honouri ng the certificate s are extremely importan t issu es inrelation to progress payment claims. Perhaps, an increased sense of professionalism in constructionind ustry could overcome some of the problems related to late and non- payment issues
关键词:Construction contracts. Cashflowl Dispute; Late and "oll-payment