JUDGMENT

(Originating Summons)

Wong Kian Kheong J:

A. Background

[1] The plaintiff (Plaintiff) is the sole proprietor of a business named "Better One Marketing" (BOM). BOM provides, among others, painting works (Works).

[2] The defendant company (Defendant) is the employer of a mixed development project in "Muara Selatan", Kuala Terengganu, Terengganu, known as "KTCC Mall" (Project).

[3] MPM Project Management Sdn Bhd (MPM) had been appointed by the Defendant to be the main contractor of the Project by way of a "Letter of Award" (LA) dated 16 February 2015 [Contract (Defendant-MPM)]. The value of the Contract (Defendant-MPM) was RM224,053,767.00 [Contract Value (Defendant-MPM)].

[4] By way of a "Letter of Acceptance" dated 7 September 2019, MPM had appointed BOM to do the Works in the Project [Contract (MPM-Plaintiff)].

[5] The Plaintiff (through BOM) had performed the Works but had not been paid for the Works by MPM (Unpaid Works). Hence, the Plaintiff (through BOM) instituted proceedings against MPM under the Construction Industry Payment and Adjudication Act 2012 (CIPAA) to claim for the Unpaid Works (Adjudication Proceedings).

[6] In the Adjudication Proceedings, the adjudicator, Ms P