[1] From the evidence before the court it appears that Time Telecommunications Sdn Bhd awarded a contract to undertake the construction of manholes, laying of ducts and other related works to the 3rd respondent ('the project'). The 3rd respondent awarded that part of the project involving the installation of fibre optic cables below the highway to the 2nd respondent ('the works'). The works undertaken by the 2nd respondent included undertaking the works along Jalan Kanchut in Alor Setar (the site). The terms of the contract between the 2nd and 3rd respondents can be found from pp 5 to 354 of the 3rd respondent's Core Bundle of Documents Volume 1.

[2] According to the unchallenged evidence of Encik Ghazali bin Mohamad Noor (SP 3), JKR is responsible for the maintainance of the site. It is his evidence that