Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Retention/performance bond

  • 5 Jul 2024

    AH SOON CONSTRUCTION SDN BHD SIMAS-D SDN. BHD.

    Citation
    BA-22C-48-12/2021 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-22C-48-12/2021 (Mahkamah Tinggi)

    Court dismissed Plaintiff's late payment interest claim because calculations of delayed days and BLR were erroneous or unproved, no written notice under Clause 30.17 was given, and the claim appeared to be an afterthought; court dismissed Plaintiff's challenge to the 21-day delay and the LAD of RM315,000 because the Architect certified 21 days, Plaintiff raised no contemporaneous objection and Defendant was entitled to set off the LAD under the contract; court allowed Plaintiff's claim for the unpaid balance RM295,787.10 for strengthening works because VOs were certified, Defendant failed to…

  • 16 Aug 2022

    Lim Beng Kuan Helms Geomarine Sdn. Bhd.

    Citation
    WA-22NCC-130-04/2022 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-22NCC-130-04/2022 (Mahkamah Tinggi)

    The Court found the Commission Agreement unambiguous and binding, the Defendant produced no credible evidence of any variation making payment conditional on Dolphin's consent or on receipt of the retention sum, the Assignment Deed transferred rights to the Plaintiff and was notified to the Defendant, and the Defendant's counterclaim arose from a separate contract and did not raise a bona fide triable issue to defeat the partial summary judgment; accordingly partial summary judgment was granted for the commission on direct payments plus interest and costs.