Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Nominated subcontractors

  • 26 May 2025

    BESTINET SDN. BHD. 3B IDEATION SDN. BHD.

    Citation
    WA-12BC-20-12/2022 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-12BC-20-12/2022 (Mahkamah Tinggi)

    The High Court held there were two separate contracts (a design-and-build Contract 1 and a separate Contract 2 for supply works); many design changes were instructed by the Appellant thereby limiting the Respondent's liability for certain defects and for works by NSCs; the Sessions Court's adverse credibility findings and assessment of expert evidence were largely upheld, but specific findings were varied to award Bestinet RM13,233.35 for timber flooring rectification, RM115,000 for completion of M&E works/testing and RM90,000 to engage consultants to complete statutory submissions; all other…

  • 4 Feb 2021

    TECH ART SDN BHD METROPOLITAN BUMI SDN BHD

    Citation
    WA-22C-10-02/2018 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-22C-10-02/2018 (Mahkamah Tinggi)

    Plaintiff failed to prove liability for vehicle costs and the GFA claim insofar as those claims departed from the pleaded causes of action and relied on unpleaded collateral documents; insurance claim partially allowed for proven quantum only; Defendant established counterclaim that contract sum was reduced to RM63,018,535.83 by nominations to NSCs and proved amounts due (including payments made by Defendant to NSCs) so counterclaim of RM6,838,927.08 succeeded; Clause C.2 construed as 'pay‑when‑paid' (timing) not a condition precedent, so counterclaim not premature; set‑off allowed producing…