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2010 MarsdenLR 2363

HIGH COURT MALAYA KUALA LUMPUR
ELITE MEGA BUILDERS SDN BHD – Appellant
Versus
PUNCAK SEPAKAT SDN BHD – Respondent


Table of Content
1. overview of construction contract and payment issues. (Para 1 , 2)
Harmindar Singh Dhaliwal JC:

Perbadanan Kemajuan Negeri Selangor ("PKNS") had wanted to construct certain buildings in Selangor at Section 10, Kota Damansara. The project of construction was known as "Membina dan Menyiapkan 100 unit Pangsapuri 8 & 9 Tingkat (Blok A) dan sebuah Rumah Kelab beserta Iain-lain Kemudahan di Fasa 10/1B, Seksyen 10, Kota Damansara, Petaling Jaya, Selangor Darul Ehsan." The main contract was awarded to Kemudimas Property Sdn Bhd ("Kemudimas") which subsequently awarded the contract works to the defendant as the principal sub-contractor. The defendant in turn engaged the plaintiff as its sub-contractor to undertake a major portion of the main contract works relating to the civil and building works. The contract sum payable to the plaintiff was RM5.6 million but which was also described in the agreement as a "provisional contract with final measurement".

The plaintiff has now filed this suit alleging that the defendant has failed to pay them for work done. They are claiming a sum of RM 1,917.617.16 which they maintain was outstanding together with other amounts due for work do

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