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2013 MarsdenLR 1558

HIGH COURT MALAYA IPOH
KERAJAAN MALAYSIA – Appellant
Versus
VEN-COAL RESOURCES SDN BHD – Respondent


Table of Content
1. contract awarded for building construction. (Para 1 , 1)
2. delays caused by headmaster and unforeseen factors. (Para 2 , 8)
3. piling work complications due to additional depths. (Para 3 , 21 , 22)
4. request for extension of time (eot) denied. (Para 4 , 5 , 6)
5. contract award and project delays. (Para 7)
6. eot granted generally due to price increases. (Para 10 , 11 , 12)
7. request for eot must consider prior extensions and reasons. (Para 13 , 16 , 19 , 38)
8. stalemate due to headmaster's requirements. (Para 14 , 15)
9. concurrent delays and extension evaluations. (Para 18 , 23)
10. termination of contract evaluations. (Para 29 , 35)
11. termination based on lack of diligent progress is contentious. (Para 30 , 31 , 32)
12. counterclaim for payments arising from wrongful termination. (Para 56 , 57 , 58 , 59)

[1] The plaintiff awarded to the defendant a contract to construct and complete 2 additional blocks of building for a school called Sekolah Kebangsaan Sungai Baharu, Kuala Kerian, Daerah Kuala Kerian, Perak ("the Project"). The contract entered into was the Standard Form PWD 203 (Rev. 10/83) Contract. The contract sum was for RM3,511,597.00. Under the contract the c

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