Wong Kian Kheong J:

A. Background

[1] The defendant company (defendant) and its joint venture partner, Toshiba Transmission & Distribution Systems Asia Sdn Bhd (Toshiba), had been appointed by Tenaga Nasional Bhd (TNB) as the main contractors of a project known as "Supply, Erect and Commissioning of 275 kV GIS, 132kV AIS, 2X240 MVA Autotransformers and Ancillary Equipment, Complete with Associated Work for PMU 275/132KV" in Kangkar Tebrau, Johore (Project).

[2] The plaintiff company (plaintiff) sent a letter dated 19 May 2015 to the defendant which offered to perform Civil Works in the Project for a total sum of RM11,059,200.00 (plaintiff's Offer). Attached to the plaintiff's Offer was a list regarding the plaintiff's scope of works (plaintiff's Scope of Original Works).

[3] The defendant replied to the plaintiff's Offer in a "Letter of Intent" dated 25 May 2015 (LOI). According to the LOI, among others:

"... This offer shall be based on the following Terms and Conditions:

Terms & Conditions

1. This [LOI] is subject to the final acceptance of Letter of Award (LOA)/ Contract/Purchase Order (PO) from [defendant] and confirmation of acceptance as civil contractor by TNB [T&C 1 (LOI)]