Lim Beng Choon J:

[1] The defendant was employed by Cosmopleks Sdn Bhd (the employer) as the main contractor for the construction of a project known as Raintree terrace 12 units luxury condominium apartments at Jalan Wickham, Kuala Lumpur (the project). By a sub-contract agreement dated 6 August 1984 (the 1st sub-contract) entered between the plaintiff and the defendant, the latter appointed the former as a sub-contractor to supply and instal air-conditioning and ventilation systems for the project. By another sub-contract agreement dated the same date (the 2nd sub-contract) entered into by the same parties the plaintiff was again appointed as a sub-contractor to supply and instal lift services for the project. The plaintiff alleged that the defendant had failed or refused to pay the plaintiff certain progressive payments notwithstanding that such payments were duly certified by the authorised architect of the project. Hence the plaintiff instituted this civil suit on 11 February 1987 against the defendant.

[2] In its writ endorsed with a statement of claim the plaintiff gave particulars of the progressive payments which had been duly certified by the architect which can be s