CMH CONSTRUCTION & BLASTING SDN BHD SRI MATRIX CONSTRUCTION SDN BHD

CMH CONSTRUCTION & BLASTING SDN BHD SRI MATRIX CONSTRUCTION SDN BHD

Court found CMGD dated 29.6.2020 triggered the 12-month DLP, notices issued within DLP, defendant agreed then failed/refused to carry out rectification and did not prove prevention by plaintiff; under Clauses 28 and 33 plaintiff validly appointed third parties and backcharged proven costs of RM27,161.40 and...

Source-derived case information.

Citation
WA-A72C-3-02/2022 (Mahkamah Majistret)
Parties
Plaintiff: CMH CONSTRUCTION & BLASTING SDN. BHD.; Defendant: SRI MATRIX CONSTRUCTION SDN. BHD.
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
16 February 2024
Case Number
WA-A72C-3-02/2022 (Mahkamah Majistret)
Procedural Posture
Civil Magistrate Court (guaman Sivil) / Judgment After Full Trial
Outcome
Judgment for Plaintiff. Plaintiff awarded RM11,207.40; Defendant's counterclaim dismissed.
Legal Topics
Defects Liability Period, Backcharge/debit Note, Equitable Set Off, Contract Interpretation, Contra Proferentem Rule, Final Re Measurement Vs Provisional Quantities, Interest and Costs
Contract Law Construction Law Evidence Law Civil Procedure Defects Liability Period Backcharge/debit Note Equitable Set Off Contract Interpretation +3 more

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Parties

CMH CONSTRUCTION & BLASTING SDN. BHD.

Plaintiff

SRI MATRIX CONSTRUCTION SDN. BHD.

Defendant

Procedural Posture

Civil Magistrate Court (guaman Sivil) / Judgment After Full Trial

  1. 1 Whether defects were within the Defects Liability Period (DLP)
  2. 2 Whether plaintiff was entitled to engage third parties to rectify defects
  3. 3 Whether plaintiff was entitled to backcharge/debit note defendant for third-party rectification costs and quantum of such costs

Ratio Decidendi

Court found CMGD dated 29.6.2020 triggered the 12-month DLP, notices issued within DLP, defendant agreed then failed/refused to carry out rectification and did not prove prevention by plaintiff; under Clauses 28 and 33 plaintiff validly appointed third parties and backcharged proven costs of RM27,161.40 and RM22,550.00; provisional quantities give way to final re-measurement under Clause 9 so milling final quantum for Additional Right Turn is RM6,530.00; Kampung Sungai Buah final re-measurement yields RM2,929.50 and plaintiff may backcharge RM1,500; plaintiff entitled to equitable set-off of RM14,582.06 against RM25,789.46 leaving net judgment RM11,207.40; defendant's counterclaim...

Court Disposition

Judgment for Plaintiff. Plaintiff awarded RM11,207.40; Defendant's counterclaim dismissed.

Orders

  • Defendant to pay Plaintiff RM11,207.40
  • Interest at 5% per annum on RM11,207.40 from 6.2.2022 until date of judgment (per Section 11 Civil Law Act 1956)