Malaysia Case Law: Decisions & Judgments

Topic

Valuation of works

Legal area

Court

4 Jul 2025

Perbadanan Putrajaya DAMANSARA REALTY (JOHOR) SDN. BHD.

Citation

WA-24C-25-01/2025 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24C-25-01/2025 (Mahkamah Tinggi)

The court held the Development Agreement falls within CIPAA as a construction agreement; the Adjudicator lawfully exercised jurisdiction and powers under s.25(m) and (n) to decide the claim despite absence of Joint Auditors' certificate; there was no basis under s.15 to set aside the Adjudication Decision; no special circumstances justified a stay under s.16; the Adjudication Decision is enforceable under s.28.
29 Nov 2023

C & S ENGINEERING MANAGEMENT SDN BHD AMBAWANG HOLDINGS SDN BHD

Citation

WA-22C-67-09/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22C-67-09/2021 (Mahkamah Tinggi)

On the balance of probabilities the Court found the contractual documents (DA and LoA, including Appendix 1) govern the parties' rights; the Defendant had paid RM2,510,000.00 as the 3rd stage (preliminaries/earthworks/foundation) and that amount did not offset the Plaintiff's claims under the 4th stage; the plaintiff's expert valuation using the contractual construction-stage method was preferred to the defendant's market-rate estimate; accordingly the plaintiff proved entitlement to RM2,340,815.30 with interest; scaffolding claim and defendant's counterclaim were dismissed.
10 Mar 2022

CRCC MALAYSIA BERHAD INTELLIGENT M&E SDN BHD

Citation

WA-22C-55-06/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22C-55-06/2019 (Mahkamah Tinggi)

Defendant proved, on the balance of probabilities, that specified work and variation orders were instructed by the Plaintiff (including by Site Instructions and oral approvals), were performed and documented, and Plaintiff breached its contractual obligation to certify and pay within 45 days; accordingly the court allowed parts of the Defendant's counterclaim for the value of proven work and variations and awarded interest at 5% per annum from the relevant due dates, while finding Plaintiff validly terminated the EWSSC and dismissing claims of repudiation and unproven loss items; netting of t…

Malaysia Case Law

Perbadanan Putrajaya DAMANSARA REALTY (JOHOR) SDN. BHD.

C & S ENGINEERING MANAGEMENT SDN BHD AMBAWANG HOLDINGS SDN BHD

CRCC MALAYSIA BERHAD INTELLIGENT M&E SDN BHD