12 Jan 2024
KAYANGAN KEMAS SDN BHD KAY CORPORATION SDN BHD
- Citation
- BA-22C-50-11/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-22C-50-11/2020 (Mahkamah Tinggi)
Clause 2 of the LOA incorporated the Main Contract so KC was bound by its terms; variation claims under a lump sum subcontract are recoverable only with proper instructions/approvals and within contractual notice periods so most of KC's variation claims were disallowed or time-barred; backcharges were allowed only where supported by evidence (MCCT labour fully charged to KC; other labour costs shared equally; purchases/rentals disallowed for lack of evidence); retention and uncertified sums are payable subject to setoff against established backcharges; no contractual basis existed for pre-jud…