29 Nov 2023
C & S ENGINEERING MANAGEMENT SDN BHD AMBAWANG HOLDINGS SDN BHD
- Citation
- WA-22C-67-09/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22C-67-09/2021 (Mahkamah Tinggi)
On the balance of probabilities the Court found the contractual documents (DA and LoA, including Appendix 1) govern the parties' rights; the Defendant had paid RM2,510,000.00 as the 3rd stage (preliminaries/earthworks/foundation) and that amount did not offset the Plaintiff's claims under the 4th stage; the plaintiff's expert valuation using the contractual construction-stage method was preferred to the defendant's market-rate estimate; accordingly the plaintiff proved entitlement to RM2,340,815.30 with interest; scaffolding claim and defendant's counterclaim were dismissed.