28 Jun 2022
HERCULES ENGINEERING (SEA) SDN BHD NAIM ENGINEERING SDN. BHD.
- Citation
- WA-12BC-7-12/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-12BC-7-12/2021 (Mahkamah Tinggi)
The High Court allowed the appeal on the ground that the absence of formal written variation orders was not fatal where contemporaneous documents and the respondent s conduct established instruction, verification and an implied promise to pay; the respondent by its actions waived/was estopped from insisting on strict contractual formalities and the appellant was entitled to payment for the Additional Works (RM293,182.52) and interest at 5% p.a. from 3.12.2014; alternatively quantum meruit applied for work done outside strict formalities.