31 May 2022
PESAT BUMI SDN BHD CESCON ENGINEERS SDN BHD
- Citation
- WA-22C-84-08/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22C-84-08/2020 (Mahkamah Tinggi)
Clause 3(d) of the client's letter is a contractual discretion subject to Wednesbury reasonableness; preliminaries and general conditions are indispensable and must be included in total construction cost unless specifically and reasonably excluded; Plaintiff failed to substantiate several deductions and variation adjustments, therefore certain deductions were disallowed and some reinstated, producing a total construction cost of RM198,202,594.49 leading to a defendant fee entitlement of RM4,096,847.63 (inclusive of 6% GST) and a judgment for the defendant for the unpaid balance RM1,665,897.51…