8 Mar 2024
YESB SDN BHD BARCON INDUSTRIES SDN BHD
- Citation
- WA-12BC-3-03/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-12BC-3-03/2023 (Mahkamah Tinggi)
The High Court allowed YESB’s appeal because the evidence established Barcon and the project consultant instructed additional works after the original completion date, Barcon accepted and verified those works and issued certifications supporting completion; therefore YESB was entitled to payment of the certified balance (RM656,868.93) and retention release. The court set aside Barcon’s claim for LAD because post-completion variation instructions and absence of a revised completion date set time at large, depriving Barcon of the right to impose LAD. Barcon’s counterclaim for RM670,000 failed f…