7 Mar 2025
INTBUILD CONCEPT SDN. BHD. COVA DESIGN & CONTRACT SDN. BHD.
- Citation
- BB-B52NCC-7-01/2022 (Mahkamah Sesyen)
- Court
- Sessions Court
- Case number
- BB-B52NCC-7-01/2022 (Mahkamah Sesyen)
Defendant failed to prove its counterclaim on the balance of probabilities: evidentiary gaps and inconsistent pleadings prevented proof of a 120‑day delay solely caused by the plaintiff; staged handovers, inspection checklists and parties' conduct (including agreed extensions and MCO restrictions) showed delay was not solely plaintiff's fault; defects claimed were either minor or attributable to others; therefore liquidated damages and rectification cost claims fail and the counterclaim is dismissed.