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COURT OF APPEAL PUTRAJAYA
CHNG GHEE WENG & ANOR – Appellant
Versus
LEE KHOON ENG T/A PRESTIGE CONSTRUCTION – Respondent
| Table of Content |
|---|
| 1. introduction to contract and plaintiff's claims. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. court's observations on proof and evaluation of claims. (Para 8 , 9 , 10 , 11 , 12 , 13) |
| 3. analysis of quantum meruit in the context of existing contract. (Para 14 , 15 , 16 , 19 , 21 , 27) |
| 4. final decision on defendants' appeal and conclusions. (Para 48) |
Introduction
[1] The respondent's claim for variation works was allowed by the High Court after a full trial. The appellants who were the owners of the house built by the respondent appealed. After hearing extensive submissions from the respective learned counsel, we reserved decision. The following is our decision. For ease of reference, we shall refer to the parties as they were before the High Court.
Background Facts
[2] By a letter of award dated 13 March 2013, the defendants appointed the plaintiff to construct their house for the sum of RM6.8 million [the said project]. Cheng Chew Giap was appointed as the architect for the said project; performing functions generally associated with a superintending officer [SO] in that the plaintiff is required to take instructions of the architect in the execu
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