28 Apr 2022
BUDAYA RESTU SDN BHD 1. ) Kerajaan Malaysia 2. ) Jabatan Peguam Negara Kerajaan Malaysia
- Citation
- WA-21C-4-05/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-21C-4-05/2020 (Mahkamah Tinggi)
Plaintiff failed to discharge evidential burden for most rock and trench excavation claims because it did not produce adequate in‑situ soil investigation and objective proof; only Manshield stretch of 27 metres was found to involve rock payable under the Extra Over Item rate at RM6,500/m (RM175,000). Trench rock claim and testing cost claim rejected. Manhole remeasurement claim rejected because prices were rationalised by PHK 2. Plaintiff disentitled to contractual EOTs and consequently to prolongation and idling claims for failing to give timely notices and to demonstrate critical delay caus…