HIGH COURT MALAYA KUALA LUMPUR
KEMBANG SERANTAU SDN BHD – Appellant
Versus
YBK USAHASAMA SDN BHD – Respondent
| Table of Content |
|---|
| 1. the requirement for settlement in construction contracts. (Para 1 , 2) |
| 2. facts of appointment and contract values. (Para 3 , 4 , 5) |
| 3. claims related to contract breaches and payments. (Para 6) |
| 4. suspension rights under pam conditions. (Para 12 , 20) |
| 5. lawfulness of work suspension due to non-payment. (Para 16 , 19) |
| 6. termination procedures stipulated in construction contracts. (Para 60 , 62 , 63) |
| 7. invalid termination procedure due to improper notice. (Para 69 , 71) |
| 8. final resolution of claims and legal consequences. (Para 225) |
| 9. counterclaims invalidated due to unlawful conduct. (Para 266 , 268) |
[1] The current dispute between the plaintiff as the Main Contractor and the defendant as the employer with respect to a construction Project of the Universiti Teknologi MARA campus in Mukim Semujuk, Daerah Jasin, Melaka, is a sequel to the partial settlement that the parties managed to achieve.
[2] Whilst there was a partial settlement that resulted in the withdrawal of an earlier action and an appeal therefrom, there was unfortunately not enough momentum and motivation to carry them through with a full and final settlement.
Project
[3] The plaintiff was appointed via two
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