JUDGMENT

Azlan Sulaiman J:

Introduction

[1] The claims and counterclaims in this action are rather common. Upon the termination of the construction contract between them, the disputes between them call for the court's decision on the validity of the termination, as well as what monetary claims and relief they are each entitled to against the other.

Salient Facts

[2] By a Surat Setujuterima Tender dated 13 September 2016 and a PWD 203A (Rev. 1/2010) standard form of contract inclusive of a Conditions of Contract (collectively, "Contract"), the defendant had appointed the plaintiff as contractor for the construction of a hospital in Bachok, Kelantan ("Project"). Site possession was given to the Plaintiff on 27 September 2016, and the original completion date for the Project was 23 September 2018.

[3] Two extensions of time were granted to the plaintiff, which collectively extended the Completion Date to 1 December 2020 ("Extended Completion Date"), and the Defendant rejected the plaintiff's application for a third extension of time ("EOT Application 3").

[4] On 29 January 2021, the defendant terminated the Contract on the ground that the Plaintiff had failed "to proceed regularly and dilige