JUDGMENT

Lee Heng Cheong JCA:

Introduction

[1] This an appeal by the appellant/plaintiff against part of the learned Judicial Commissioner's ("the learned JC") judgment, dismissing the plaintiff's claim for loss and expense pertaining to an extension of time granted by the respondent/defendant in a construction contract.

[2] The appellant/plaintiff, being aggrieved, appealed. Hence this appeal before us, which we heard and unanimously allowed for the following reasons.

[3] For ease of reference, parties will be referred to as they were in the proceedings before the High Court.

Background

[4] The disputes arose out of a construction contract between the defendant who is the main contractor and the plaintiff who is the defendant's subcontractor for the construction and completion of the works relating to "the Electrified Double Track project between Seremban (KM 461.234) to Gemas (KM 564.000) Stations" ("Project"). The Government of Malaysia is the Project owner.

[5] Vide a letter of acceptance dated 2 April 2010 ("LOA") (found at CB 3, pp 539-541), the defendant appointed the plaintiff to complete the works stated in Annexure B to the LOA ("Works") ("Subcontract").

[6] The Subcontract docume