Ramly Ali J:

The plaintiff's claim is pursuant to a Subcontract No. TB/814/L&M/M&E/LIFT/056 dated 15 June 1990 wherein the plaintiff had agreed for the supply, delivery, testing, commissioning and maintenance during defects liability period of lifts and escalators including all accessories and incidental works as specified for the proposed International Class Luxury Hotel known as Hotel Istana.

Brief Facts

The defendants were the main contractors in a joint venture project involving the construction of a proposed hotel known as Hotel Istana. The plaintiff was a subcontractor to the defendants by virtue of a written subcontract dated 15 June 1990 for the supply, delivery, commissioning and maintenance during defects liability period of lifts and escalators including all accessories and incident works. The employer of the project was one Pernas One (KL). The employer employed Juruukur Bahan Malaysia (JUBM) as the Consultant Quantity Surveyors; Ranhill Bersekutu Sdn. Bhd. as the Mechanical and Electrical Consultants; and Daya Bina Arkitek (M) Sdn. as the architect for the project.

The terms of the subcontract, inter alia, are as follows:

(a) the contract price is for a sum of