JUDGMENT

Mohd Arief Emran Arifin JC:

A. Introduction

[1] The Plaintiff seeks the following orders from this Court:

(i) A declaratory order that the sum of RM3,136,293.25 is the sum due and payable under the Consent Order dated 9 November 2011.

(ii) A declaratory order that the draft final account prepared by the Plaintiff is not valid, is disputed, and is unenforceable.

(iii) A declaratory order that the sum of RM58,417.57 contained in the draft final account that was not agreed upon is a sum that is not valid, disputed, and is not enforceable.

(iv) Interest at the rate of 5% per annum on prayer (i) from the date of the filing of the writ to the date of full realization of the same.

(v) Costs.

B. Background Facts

[2] The Plaintiff's claim is premised on the following facts:

2.1 The Defendant had awarded the Plaintiff by way of the letter dated 6 May 2003 a project entitled "The proposed Planting and Maintaining of Forest Species Works inclusive of infrastructural and landscaping works for Taman Rimba Alam at Precincts 14 & 15 Putrajaya for Perbadanan Putrajaya".

2.2 Parties then executed a Contract dated 28 October 2003. The material terms of the agreement are as follows:

(i) The Defendant (Per