Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Nominated sub-contractor/direct payment
  • 30 Sept 2020

    PBLT SDN BHD PRESTASI REKA SDN BHD & 3 LAGI

    Citation
    WA-22C-70-09/2018 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-22C-70-09/2018 (Mahkamah Tinggi)

    Final re-measurement and revaluation performed by a qualified quantity surveyor using as-built drawings verified by the consultant civil engineer were accepted as compliant with contract; specific disputed variation valuations and backcharges were resolved on evidence and contractual valuation rules; First Defendant failed to substantiate prolongation/loss claims and did not comply with contractual notice/evidence requirements; Second Defendant was entitled to direct payment under sub-contract clauses and the parties' undertaking and alternatively under s.71; accordingly judgment for Plaintif…