Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Architect/engineer satisfaction

Legal area

Court

8 Nov 2022

SUCCESS INPUT SDN BHD PRISTAR HOUSING DEVELOPMENT SDN. BHD.

Citation

AA-A52NCvC-153-09/2019 (Mahkamah Sesyen)
Court

Sessions Court
Case number

AA-A52NCvC-153-09/2019 (Mahkamah Sesyen)

Plaintiff failed to prove that rectification works were completed to the satisfaction of the Architect/Engineer; therefore under Clause 7.4 the Defendant was justified in withholding the retention sums under Clause 10.2. Separately, on the Sewerage Contract the Court found Plaintiff had fulfilled its contractual obligations and Defendant's counterclaim lacked independent evidence from IWK, hence the counterclaim failed.
8 Nov 2022

SUCCESS INPUT SDN BHD PRISTAR HOUSING DEVELOPMENT SDN BHD

Citation

AA-A52NCvC-24-02/2019 (Mahkamah Sesyen)
Court

Sessions Court
Case number

AA-A52NCvC-24-02/2019 (Mahkamah Sesyen)

Plaintiff failed to prove rectification works were done to the satisfaction of the Architect/Engineer as required by Clause 7.4; Clause 10.2 is conditional on satisfaction and therefore Defendant was entitled to withhold the retention sums; on the counterclaim, the Court found Plaintiff had completed its sewerage obligations and there was no independent IWK instruction evidencing defects that justified Defendant's claimed remediation costs, so the counterclaim failed.