Introduction And Parties

[1] D2 had appointed D1 as the main contractor for a project "Cadangan Kerja Tanah Dan Kerja Infrastruktur Utama Fasa 7, Laman 1 Bernama Jaya, Selangor (project)" Pursuant to a letter of award (LA) dated 18 February 2014 D1 had in turn appointed Plaintiff to carry out a part of the work in the project namely water reticulation and sewerline work (work) for a contract sum of RM950,000.00.

[2] Plaintiff filed 4 applications to enforce 4 adjudication decisions arising from D1's failure to pay on 4 progress claims submitted for the work.

[3] It was agreed by all parties that the decision in one case will bind the other cases. The Court then directed parties to proceed on Originating Summons 24C-18-12/2015 as this was the first case in the sequence.

Originating Summons 24C-18-12/2015

[4] Pursuant to Construction Industry Payment and Adjudication Act 2012 (CIPAA) Plaintiff had served a payment claim on D1 to which there was no payment response. By way of a notice of adjudication Plaintiff then sought reliefs which included the payment of a sum due under its progress claim. By adjudication decision dated 13 April 2015 ("TMK-4") Plaintiff was awarded an