JUDGMENT

Lim Chong Fong J:

Introduction

[1] This is an appeal against the summary judgment decision of the Sessions Court arising out of work done under a sub contract.

[2] The Appellant which is the Defendant in the Sessions Court suit ("Suit") is a private limited company involved in the interior decoration business.

[3] The Respondent which is the Plaintiff in the Suit is also a private limited company involved in acoustic works business.

Salient Facts And Preliminary

[4] Setia Precast Sdn Bhd is the developer of the project described as "Cadangan Kompleks Institut Penyelidikan Kesihatan Bersepadu (IPKB) for the Ministry of Health Malaysia at Bandar Setia Alam, Selangor Darul Ehsan" ("Project"). The superintending officer of the Project is GDP Architect Sdn Bhd ("SO").

[5] The construction of the Project was given to Laubros Holdings Sdn Bhd ("LHSB") as main contractor which, on the SO's instruction, appointed Dwitasik Engineering Sdn Bhd ("DESB") to undertake the interior works therein.

[6] Subsequently, the Appellant was appointed by DESB to undertake part of the aforementioned interior works of the Project.

[7] By a letter of award dated 7 February 2017 as well as another letter of awa