[1] By contract dated 7 May 2008 the Plaintiff, as "Employer" employed the Defendant as "Contractor" to carry out the renovation and refurbishment of the exterior and interior of Terminal 3, Lapangan Terbang Sultan Abdul Aziz Shah, Subang, Selangor [the Works Contract]. The Defendants last three claims; Certificates Numbers 9, 10A and the Final Account Certificate No 11 were not paid by the Plaintiff. These three certificates had been certified by the architect and accepted by the Plaintiff on 19 January 2011.

[2] On 19 June 2014, the Defendant served a payment claim in respect of the three certificates on the Plaintiff pursuant to the Construction Industry Payment and Adjudication Act 2012 [Act 746] [CIPAA]. The sum claimed inclusive of interest was RM2,603,390.47. The Plaintiff issued a payment response dated 26 June 2014 where it disputed the Defendants claim on the ground that the Plaintiff had a valid LAD claim against the Defendant for late completion of the works as the Certificate of Completion and Compliance (CCC) was only issued on 2 November 2011. The Plaintiff claimed that it was entitled to set off a sum of RM3,201,000.00 for the late completion