JUDGMENT

Zulqarnain Hassan SCJ:

Pleaded Claim

[1] Ekovest Construction Sdn Bhd [Ekovest] is the main contractor for the highway project known as Setiawangsa Pantai Express way (SPE) - Pandan to Setiawangsa [the project].

[2] The defendant is the contractor appointed by Ekovest.

[3] The plaintiff is the sub-contractor appointed by the defendant for the project.

[4] On 20 October 2018, a letter of acceptance [the contract] was signed between the plaintiff and the defendant. The defendant agreed to appoint the plaintiff to do the piling reinforcement cage works for the project based on the terms and conditions in the contract. See the terms and conditions of the contract at pp 13 to 17 of PBD-Enc B.

[5] On 13 December 2018 and 26 December 2018, the plaintiff deployed its workers to the project site to commence the said works. However the plaintiff's workers were refused to enter and to carry out the works by the defendant. The plaintiff claims that there was a shortage of machineries for the work to commence which the defendant was unable to provide as required and stipulated in the contract.

[6] The plaintiff had made the necessary preparation to commence the work in November 2018 as stipula