The hearing before me is by way of submissions as agreed by the parties in accordance with O 33 r 2 of the Rules of the High based on the agreed facts and issues as listed in Lampiran 21. The agreed facts are as follows:

1. On 19 October 1999 the Defendant was awarded a contract known as The Construction, Completion and Maintenance of Package 1B - Pembinaan Jambatan Sungai Prai, Jalan Tuju dan Lain-lain Kerja yang Berkaitan.

2. Prior to this award, the Plaintiff had assisted the Defendant in tendering for the Project as detailed in Question and Answer 4 in the Witness Statement of Tai Chong Keng.

3. On 9 March 2000, a Letter of Intent was issued by the Defendant and accepted by the Plaintiff for the construction of Pile Caps, Piers and Portals for RM16,713,752.00. This figure was subsequently increased to RM18,530,010.40. This award did not include any piling work.

4. Sometime in the 2nd half of 2000, the Plaintiff commenced work on the Pile Caps, Piers and Portals.

5. By a letter dated 17 August 2001, the Superintending Officer's Representative instructed the Defendant to remov