23 Jul 2023
IMPIAN MURNI RESOURCES SDN BHD KHENG BEE CONSTRUCTION SDN BHD
- Citation
- DA-22NCvC-37-06/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- DA-22NCvC-37-06/2019 (Mahkamah Tinggi)
The court held that Clauses 2.1 and 2.2 allowed the work programme to be revised due to site conditions and concurrent subcontractor activity; Plaintiff was therefore not in delay and the six-month completion period was effectively extended. Defendant failed to prove the proper quantum and entitlement to set-off for materials on site and ignored the effect of flooding and the stop-work instruction. Accordingly Plaintiff’s interim payment claim of RM1,288,643.35 is allowed and Defendant’s counterclaim is dismissed.