JUDGMENT

Aliza Sulaiman J:

Introduction

[1] This suit involves a protracted and bitter dispute over the Plaintiff's claim for outstanding sums for substructure works which were completed for the construction of serviced apartments in Setapak, Kuala Lumpur.

[2] The Defendant strongly resisted the Plaintiff's claim and brought a counterclaim of its own for among others, liquidated and ascertained damages ('LAD') for alleged delay in the completion of the substructure works and costs of rectification.

[3] After having considered the pleadings, oral and documentary evidence, written submissions and clarification by the learned counsels representing the parties, I had, on 30 August 2024 allowed the Plaintiff's claim in the sum of RM7,230,492.14 and dismissed the Defendant's counterclaim.

[4] The Defendant has appealed against part of my decision in:

(a) allowing the Plaintiff's claim in the sum of RM7,230,492.14 consisting of the following:

(i) RM4,850,814.42 as the balance payment for works done based on the Final Account dated 9 January 2019 with interest at the rate of 5% per annum from 10 June 2019 until full settlement;

(ii) RM193,792.80 as the balance payment for materials supplied;

(iii) R