9 Jul 2023
Seng Hiap Glass Sdn. Bhd. C.E.L. Construction Sdn. Bhd.
- Citation
- JA-22NCvC-17-02/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JA-22NCvC-17-02/2019 (Mahkamah Tinggi)
On the balance of probabilities the Defendant breached the sub-contract by failing to provide safe and reliable hoisting and lifting facilities, the Interim Valuation Certificates 35-38 (as accepted/approved by the Defendant via its own Progress Claim Payment Certificates) constituted certification entitling payment, the Plaintiff validly terminated for Defendant's repudiatory breach, and is therefore entitled to the unpaid certified sums (RM947,989.23), GST (RM56,879.36), retention (RM311,400.00) and under-certified sum (RM298,989.81) with contractual interest; the Defendant's counter-claim…