Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Valuation by quantity surveyor

Legal area

Court

28 Oct 2020

ASM DEVELOPMENT (KL) SDN BHD ECONPILE (M) SDN BHD

Citation

WA-24C-253-11/2019 & WA-24C-200-10/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24C-253-11/2019 & WA-24C-200-10/2019 (Mahkamah Tinggi)

The court refused to set aside the adjudication decision because ASM's complaints were primarily merits-based or non-material procedural issues, the adjudicator acted within the statutory jurisdiction under CIPAA when addressing the pleaded issues (including valuation and causation of delay), there was no material denial of natural justice, and EP satisfied statutory requirements for enforcement; accordingly OS1 dismissed and OS2 allowed and the adjudication award enforced.
18 Sept 2020

C&S ENGINEERING MANAGEMENT SDN BHD KAVANAS SDN BHD

Citation

WA-12BC-10-09/20219 & WA-B52C-31-11/2018 (Mahkamah Tinggi)
Court

High Court
Case number

WA-12BC-10-09/20219 & WA-B52C-31-11/2018 (Mahkamah Tinggi)

Although the QS admitted he did not rationalise rates, the failure was inconsequential because the valuation did not involve items with material quantity changes and any front-loading would have been beneficial to the contractor; the respondent's counterclaim was substantiated by photographs, consultant instructions and a quotation but unrelated items in the quotation were disallowed, leading the High Court to reduce the rectification award from RM124,000.00 to RM86,000.00 and otherwise uphold the Sessions Court judgment.