WEA ENGINEERS & ASSOCIATES SDN BHD GRANDSTEP DEVELOPMENT SDN BHD

WEA ENGINEERS & ASSOCIATES SDN BHD GRANDSTEP DEVELOPMENT SDN BHD

The court construed the contract to apply the Appointment Letter terms and the Proposal definition of 'costs of works' for the whole project (RM336,193,895). On facts the plaintiff had substantially completed only stage A1 of the Schedule of Payment; entitlement is full payment for stage A1. The plaintiff is...

Source-derived case information.

Citation
WA-22C-89-10/2018 (Mahkamah Tinggi)
Parties
Plaintiff: WEA Engineers & Associates Sdn Bhd; Defendant: Grandstep Development Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
29 June 2020
Case Number
WA-22C-89-10/2018 (Mahkamah Tinggi)
Procedural Posture
Civil Suit Professional Consultancy Fee / Judgment at Trial
Outcome
Judgment for Plaintiff
Legal Topics
Quantum Meruit, Contract Interpretation, Partial/substantial Performance, Termination and Abandonment Fees, Laches/acquiescence, Statutory Adjudication (cipaa), Registration of Engineers/legality of Fees, Interest and Costs
Contract Law Construction Law Professional Services Regulation Equity and Trusts Quantum Meruit Contract Interpretation Partial/substantial Performance Termination and Abandonment Fees +4 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 17 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

WEA Engineers & Associates Sdn Bhd

Plaintiff

Grandstep Development Sdn Bhd

Defendant

Procedural Posture

Civil Suit Professional Consultancy Fee / Judgment at Trial

Legal Issues

  1. 1 Proper remuneration for partial civil and structural engineering consultancy services
  2. 2 Appropriate measure of ‘costs of works’ for fee calculation
  3. 3 Whether plaintiff substantially completed contractual stages entitling it to payment

Ratio Decidendi

The court construed the contract to apply the Appointment Letter terms and the Proposal definition of 'costs of works' for the whole project (RM336,193,895). On facts the plaintiff had substantially completed only stage A1 of the Schedule of Payment; entitlement is full payment for stage A1. The plaintiff is entitled to RM452,423.69 for stage A1, less prior payments leaving RM177,927.56; plus 6% GST if applicable, interest at 5% p.a. from 24 October 2018 and costs RM50,000 subject to 4% allocator.

Court Disposition

Judgment for Plaintiff

Orders

  • Judgment for the Plaintiff in the sum of RM177,927.56 (balance)
  • Plus 6% GST if applicable