APEX COMMUNICATIONS SDN BHD AGROW BUILDERS SDN BHD

APEX COMMUNICATIONS SDN BHD AGROW BUILDERS SDN BHD

Retention money of RM63,117.00 ordered released; idling costs allowable only for material shortage, stop‑work instructions and late issuance of RFI as falling within clause 27.2; depletion of pile‑points and surveyor late pegging were not proved or not within recoverable events and awards for those items were set aside; RM8,700/day accepted as reasonable quantum rate for idling and applied for awarded days; total award reduced to RM137,067.00 and appeal allowed in part.

Citation
BA-12BNCvC-36-03/2020 (Mahkamah Tinggi)
Parties
Appellant / Defendant: APEX COMMUNICATIONS SDN BHD; Respondent / Plaintiff: AGROW BUILDERS SDN BHD
Court
High Court
Jurisdiction
Malaysia
Judgment Date
1 October 2020
Case Number
BA-12BNCvC-36-03/2020 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / High Court Appellate Judgment From Sessions Court Decision
Outcome
Appeal allowed in part; Sessions Court judgment reduced from RM768,600.25 to RM137,067.00; costs of appeal awarded to Appellant RM4,000.00 subject to allocatur.
Legal Topics
Idling Costs, Loss and Expense, Retention Money, Extension of Time, Subcontract Interpretation, Quantum Assessment, Site Possession, Rfis, Defects Liability Period
Source Language
Malay/English
Contract Law Construction Law Civil Procedure Damages Building and Construction Idling Costs Loss and Expense Retention Money +6 more

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Parties

APEX COMMUNICATIONS SDN BHD

Appellant / Defendant

AGROW BUILDERS SDN BHD

Respondent / Plaintiff

Procedural Posture

Civil Appeal / High Court Appellate Judgment From Sessions Court Decision

Legal Issues

  1. 1 Whether plaintiff entitled to release of retention money
  2. 2 Whether idling costs recoverable under loss and expense clause of subcontract
  3. 3 Which delay events qualify under clause 27.2

Ratio Decidendi

Retention money of RM63,117.00 ordered released; idling costs allowable only for material shortage, stop‑work instructions and late issuance of RFI as falling within clause 27.2; depletion of pile‑points and surveyor late pegging were not proved or not within recoverable events and awards for those items were set aside; RM8,700/day accepted as reasonable quantum rate for idling and applied for awarded days; total award reduced to RM137,067.00 and appeal allowed in part.

Court Disposition

Appeal allowed in part; Sessions Court judgment reduced from RM768,600.25 to RM137,067.00; costs of appeal awarded to Appellant RM4,000.00 subject to allocatur.

Orders

  • Reduce judgment sum to RM137,067.00 (comprising RM63,117.00 retention and RM73,950.00 idling costs) payable as ordered by court
  • Respondent/Plaintiff to pay Appellant/Defendant costs of appeal of RM4,000.00 subject to allocatur