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HIGH COURT MALAYA SHAH ALAM
PEMBINAAN TERIS SEPAKAT SDN BHD – Appellant
Versus
KUMPULAN IKRAM SDN BHD & ANOR; MOHD ROZI SALLEH & ANOR (THIRD PAR.... – Respondent
| Table of Content |
|---|
| 1. contractor's liability in case of ineffectively conducted soil investigations. (Para 1 , 2 , 3 , 4) |
| 2. legal relationships and duty of care in professional services. (Para 44 , 45 , 58) |
| 3. proof of liability and causation in construction failures. (Para 78 , 82 , 90) |
| 4. conclusion on dismissal of claim due to lack of merit. (Para 93) |
Introduction
[1] This is a suit brought by a design and build/turnkey civil engineering contractor against its soil investigation contractor for the production of inaccurate or erroneous soil report that led to subsequent road fill embankment construction failure. The soil investigation contractor in turn sought for indemnity or contribution from the consulting engineer by way of third party proceedings within the suit.
[2] The Plaintiff is a private limited company that was awarded the construction contract no: JKR/IP/CJ/26/2006 ("Construction Contract") for the upgrading/raising the level of Jalan Chukai to Air Putih Km 4 - Km 6 and Km 11 - Km14, Sungai Pinang, Kemaman, Terengganu ("Project").
[3] The Defendants are related private limited companies that undertake soil investigation works.
[4] The Third Party is a partner
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