The subcontractor wins an adjudication against the main contractor, and asks the employer to pay him the awarded amount. The employer says it does not owe money to the main contractor, because it has claims against the main contractor after terminating the main contract. The main contractor disputes the termination. Will the courts – in the subcontractor’s direct payment application – decide who is right and who is wrong in the main contract dispute in order to ascertain whether money is owed to the main contractor (and hence can be paid directly to the subcontractor)? The Court of Appeal dealt with this recently in JDI Buildtech (M) Sdn Bhd v Danga Jed Development Malaysia Sdn Bhd [2024] CLJU 373. Continue reading “BYPASS”