12 Jan 2024
KAY CORPORATION SDN BHD KAYANGAN KEMAS SDN BHD
- Citation
- BA-22C-33-09/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-22C-33-09/2021 (Mahkamah Tinggi)
Clause 2 of the LOA incorporated the Main Contract and bound KC; most of KC's variation claims failed because they lacked Employer/Consultant/Main Contractor approval and/or were time-barred under Clauses 50.1/50.3; KK's backcharges were largely unsupported by requisition/acknowledgement evidence and thus disallowed except for MCCT costs borne by KC and shared labour costs apportioned equally; retention and uncertified sums are payable subject to set-off against justified backcharges; KC's counterclaim dismissed in material part.