JUDGMENT

Nadzarin Wok Nordin J

Agreed Facts

[1]The following were the agreed facts at the trial:-

1.1 By a letter dated 7 July 2014, Cescon had submitted a proposal to Pesat Bumi for the appointment of the Cescon as the consultant for civil and structural engineering services and mechanical engineering services for a project known as "Proposed Development Consisting of Bungalows, Low Rise Town House/ Apartment on Lot 17737, Mukim Genting, Daerah Bentong, Pahang Darul Makmur' ("the Project") upon the terms and conditions stated in the letter that had been agreed by Pesat Bumi on 27 March 2015 ("the Contract).

1.2 The Contract contains, inter alia, the express terms as follows:

a) Clause 2.1 of the Contract

"a. To prepare and submit Earthworks, Road and Drain, Sewerage and Water Supply plans as required for local authorities' approval;

b.To prepare and submit Earthworks, Road and Drain, Sewerage and Water Supply plans as required for local authorities' approval;

c.To prepare design calculations and drawings for structural and foundation works;

d.To conduct periodical site inspections during construction; and

e.To apply for Certificate of Completion and Compliance (CCC) clearances from relevant