PBLT SDN BHD PRESTASI REKA SDN BHD & 3 LAGI

PBLT SDN BHD PRESTASI REKA SDN BHD & 3 LAGI

Final re-measurement and revaluation performed by a qualified quantity surveyor using as-built drawings verified by the consultant civil engineer were accepted as compliant with contract; specific disputed variation valuations and backcharges were resolved on evidence and contractual valuation rules; First Defendant...

Source-derived case information.

Citation
WA-22C-70-09/2018 (Mahkamah Tinggi)
Parties
Plaintiff: PBLT Sdn Bhd; First Defendant: Prestasi Reka Sdn Bhd; Second Defendant: Shaman Sdn Bhd; Third Defendant: JRM Services Sdn Bhd; Fourth Defendant: NSF Integrated Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
30 September 2020
Case Number
WA-22C-70-09/2018 (Mahkamah Tinggi)
Procedural Posture
Civil Suit Construction Contract Dispute / Judgment (grounds Delivered 30 September 2020)
Outcome
Judgment for Plaintiff against First Defendant in favour of the Plaintiff and judgment for Second Defendant against Plaintiff; First Defendant's counterclaim dismissed; Second Defendant's counterclaim against First Defendant dismissed; no order as to costs between First and Second Defendant
Legal Topics
Final Account, Final Certificate, Interim Certificate, Nominated Sub Contractor/direct Payment, Set Off, Backcharges, Extension of Time, Loss and Expense/prolongation, Re Measurement and Revaluation, Privity of Contract, Section 71 Contracts Act 1950
Construction Law Contract Law Civil Procedure Equity/unjust Enrichment Final Account Final Certificate Interim Certificate Nominated Sub Contractor/direct Payment +7 more

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Summary, issues, holding and outcome

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Parties

PBLT Sdn Bhd

Plaintiff

Prestasi Reka Sdn Bhd

First Defendant

Shaman Sdn Bhd

Second Defendant

JRM Services Sdn Bhd

Third Defendant

NSF Integrated Sdn Bhd

Fourth Defendant

Procedural Posture

Civil Suit Construction Contract Dispute / Judgment (grounds Delivered 30 September 2020)

Legal Issues

  1. 1 Whether the sum certified in the Final Certificate (originally RM613,004.65, amended at trial to RM679,054.19) is due from the First Defendant to the Plaintiff and whether the Plaintiff is entitled to set-off RM284,648.26 against the Second Defendant
  2. 2 If no set-off, whether RM897,652.91 or any part is due from the First Defendant to the Plaintiff
  3. 3 Whether the First Defendant is entitled to its counterclaim: (a) final claim RM3,299,510.32; (b) loss and expense (claimed RM2,924,420.84 or alternatively RM2,166,447.16); and (c) revision of Final Certificate or payment of RM731,699.70

Ratio Decidendi

Final re-measurement and revaluation performed by a qualified quantity surveyor using as-built drawings verified by the consultant civil engineer were accepted as compliant with contract; specific disputed variation valuations and backcharges were resolved on evidence and contractual valuation rules; First Defendant failed to substantiate prolongation/loss claims and did not comply with contractual notice/evidence requirements; Second Defendant was entitled to direct payment under sub-contract clauses and the parties' undertaking and alternatively under s.71; accordingly judgment for Plaintiff against First Defendant for adjusted certified balance and judgment for Second Defendant against...

Court Disposition

Judgment for Plaintiff against First Defendant in favour of the Plaintiff and judgment for Second Defendant against Plaintiff; First Defendant's counterclaim dismissed; Second Defendant's counterclaim against First Defendant dismissed; no order as to costs between First and Second Defendant

Orders

  • Judgment for Plaintiff against First Defendant in the sum of MYR 677,812.68 with interest at 5% per annum from date of filing until full realization and costs of MYR 100,000.00 (subject to allocator)
  • Judgment for Second Defendant against Plaintiff in the sum of MYR 284,648.26 with interest at 5% per annum from 10 February 2017 until full realization and costs of MYR 35,000.00 (subject to allocator)