JUDGMENT

Nadzarin Wok Nordin JC:

(Enclosure 1)

Factual Background

[1] Pursuant to a Letter of Award dated 19 April 2019 (Ref: LLCISB/EDT3E/YYSB/LOA/19-04-2019) ("LA"), the defendant had appointed the plaintiff as the Sub-subcontractor to provide Earthwork service (Earthwork s 3.3 from Ch 680.000 to Ch 690.150) ("Works") for a Project known as "Electrified Double Track Gemas to Johor Bahru s 3 - Civil Works - Site Clearance and Embankment Earthwork With All Associated Works" ("Project") with the Contract sum awarded being RM22,170,296.37 ("Contract Sum").

[2] The Works that the plaintiff was to carry out under the LA comprised of various locations and chainages, which were set out in Appendix 1A of the LOA which are as follows:

Plaintiff's Case

[3] Before this court, the plaintiff seeks to claim the sum of RM1,236,762.13 being the Retention Sum retained by the defendant and the sum of RM943,137.69 being the work done by the plaintiff.

[4] The defendant has however subsequently submitted a payment transfer slip which showed the sum of RM100,000.00 having been paid to the plaintiff, which reduced the amount claimed to RM843,137.69.

[5] The plaintiff's main witness (PW1) further reduced the amo