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2018 MarsdenLR 2681

HIGH COURT MALAYA KUALA LUMPUR
KEMBANG SERANTAU SDN BHD – Appellant
Versus
YBK USAHASAMA SDN BHD – Respondent


Petitioner Advocates:Ismail Arifin ,Respondent Advocate: Yougesswary Singam

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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