[1] The plaintiff had appointed the defendant as their sub-contractor for the 'Design, Construction and Completion of Two Office Towers for Bank Kerjasama Rakyat Malaysia' ("the said project") for 'Mechanical and Electrical Works (Main Contract)' and also 'ID Works'.

[2] The parties entered into a construction contract in writing with respect to the Main Contract with the plaintiff issuing to the defendant a Letter of Award dated 11 January 2010. The plaintiff and the defendant also subsequently executed the PAM Standard Contract 2006 (Without Quantities) on 27 December 2010 for the contract sum of RM82.2 million.

[3] With respect to the ID Works, the plaintiff issued a Letter of Award dated 3 October 2012 to appoint the defendant to undertake ID Works. Although it was mentioned that parties would be adopting the PAM Standard Contract 2006 (With Quantities), the plaintiff and defendant did not get round to signing the PAM Standard Contract. The contract sum for ID Works was for RM11.2 million.

Problem

[4] As the defendant had not been paid on its various progress claims and certificates, it had on 28 April 2017 issued an Adjudication Notice for the Main Contract and subsequently on 9 M