JUDGMENT

(Court Enclosure No 9)

Wong Kian Kheong J:

A. Background

[1] By way of a "Letter of Appointment" dated 15 November 2014 (LA), the plaintiff company (Plaintiff) proposed "Project Management Services" (Services) to the defendant company (Defendant) with regard to the construction of a medium cost flats project in Kuang, Selangor (Project).

[2] The Defendant had accepted the LA. According to the LA, amongothers:

(1) clause 2.1 has provided that the Defendant shall pay to the Plaintiff a monthly fee of RM120,000.00 for the Services for 21 months from 15 January 2015 until 14 September 2016 (Fees);

(2) according to cl 3.2, among others, any saving from the construction cost of the Project totaling RM120,000,000.00 (Cost Saving), shall be shared equally by the Plaintiff and Defendant. In this regard, cl 2.1 LA states that the Defendant "guarantees" a minimum sum of RM1,000,000.00 "profit sharing" from the Cost Saving to be paid to the Plaintiff in 30 days after obtaining Certificate of Fitness for Occupation (CFO) or Certificate of Practical Completion (CPC) for the Project; and

(3) interest shall be imposed on any amount in arrears at the rate of 1.5% per month (pm) - please refer to c