17 Feb 2023
1. ) AZMAN BIN KARIM 2. ) Anita Binti Ahmad 1. ) ALAF PINTAR SDN BHD 2. ) HASA ARKITEK SDN BHD 3. ) MOHD ROSEHAN ANWAR BIN MOHD ROZALY
- Citation
- BA-22C-33-12/2016 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-22C-33-12/2016 (Mahkamah Tinggi)
Court found the second defendant voluntarily assumed responsibility for administration, certification and supervision of the contractor's works and owed a duty of care to plaintiffs which was breached in multiple respects (failure to procure performance bond, require progress reports, obtain valuations, obtain client approvals, advise on non-completion/EOT and cost overruns); those duties were implied into the first defendant's contract and breached by the firm; statutory/regulatory provisions (Architects Rules/LPIPMA) did not themselves create a private cause of action in these facts; the th…