18 Jan 2021
WTK ENGINEERING SDN. BHD. SERIEMAS DEVELOPMENT SDN. BHD.
- Citation
- WA-24C-189-09/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-24C-189-09/2020 (Mahkamah Tinggi)
The court construed 'due or payable' in s 30(5) CIPAA disjunctively: 'due' means an accrued debt owing under the contract and 'payable' means an amount fallen due for immediate payment such that there is an immediately enforceable obligation. Under the PAM Contract the second moiety of retention was not 'due' (owed) until issuance of the Certificate of Making Good Defects (CMGD) and was not 'payable' (immediately enforceable) until the Architect issued the residue certificate within 14 days of the CMGD and the payment period elapsed; because neither the CMGD nor the Architect's certificate wa…