JUDGMENT

RAJA AZLAN SHAH J:

The award of the arbitrator, dated 26 July 1964, was stated in the form of a special case.

The Chief Architect to the Ministry of Education on behalf of the Government of the Federation of Malaya issued a notice inviting tenders for the erection and completion of Sekolah Lanjutan Kampong at Mukim of Sungei Pasir, District of Kuala Muda, Kedah. Copies of the contract agreement, drawings and specification could be seen at the place specified in the tender notice during office hours on any working day. The applicant tendered for the work and his tender was accepted. A contract designated as Contract No ME/AB 42 of 1962 was entered into between the applicant and the Government on 15 May 1962. The contract recites:

WHEREAS the Government is desirous of erecting and completing Sekolah Lanjutan Kampong at Mukim of Sungei Pasir, District of Kuala Muda, Kedah, and has caused drawings and a specification describing the work to be done to be prepared: AND WHEREAS the said drawings numbered (there are several of them included electrical layout drawings annexed) (hereinafter referred to as the contract drawings), and the specification schedule of rates, form of tender and letter of acceptance of tender have been signed by or on behalf of the parties hereto: ...".

The relevant paras of the said contract are clause (3) which defines the term 'contract' as "the documents forming the tender and acceptance thereof, together with the documents referred to therein including the conditions annexed hereto, the specification, schedule of rates and drawings and all these documents taken together shall be deemed to form one contract and shall be complement" to one another", and cl (4) which defines 'superintending officer' as "the Chief

Architect, Ministry of Education, and his successors in office and also such person or persons as may be deputed by him in writing to act on his behalf for the purpose of this contract".

The contract documents comprise the following:

(a) The contract form (PWD 203).

(b) Conditions of contract. The relevant clauses are:

"(4).The contractor shall provide everything necessary for the proper execution of the works according to the true intent and meaning of the drawings and specification taken together whether the same may or may not be particularly shown or described provided that the same is reasonably to be inferred therefrom and if the contractor finds any discrepancy therein he shall immediately and in writing refer the same to the superintending officer who shall decide which shall be followed......" and "(40). Provided always that in case any dispute or difference...... The arbitrator shall have power to review and revise any certificate, opinion, decision, requisition or notice and to determine all matters in dispute which shall be submitted to him, and of which notice shall have been given as aforesaid, in the same manner as if no such certificate, opinion, decision, requisition or notice had been given".

(c) Form of tender which reads inter alia : "Tender for the erection and completion of Sekolah Lanjutan Kampong ... in accordance with drawings number (a list of contract drawings was annexed) and any other detail drawings supplied in application thereof".

(d) Summary of tenders which gives the description of works in respect of each building including electrical installations. The preamble reads: "All the drawings upon which this tender is to be based are listed on the 'form of contract' (PWD 203) included in the trader table documents. For full particulars of the works listed below the Tenderer should refer to the above drawings and the specifications. The tender will be deemed to include for everything shown or described therein including all ancillary works. Works described as including electrical' installation shall be deemed to include for all electric fittings shown on the electrical layout drawings and described in the specification for 'electric service' ".

(e) Acceptance of tender which i