JUDGMENT

Aliza Sulaiman J:

Introduction

[1] This suit involves various claims by the main contractor against the employer in relation to the construction of the Rembau Hospital in Negeri Sembilan.

[2] One of the contractor's main grouses was the performance of the works by one of the subcontractors which was nominated by the employer. Hence, one of the issues which had to be determined by the court was whether the employer can be made liable for the delay in the project which was caused by the Nominated Subcontractor ('NSC').

[3] After having considered the pleadings, oral and documentary evidence and written submissions and clarifications by the learned counsels representing the parties, the court allowed the plaintiff's claim in the sum of RM18,155,150.80 out of the total claimed amount of RM21,455,331.54.

[4] In the Notice of Appeal filed by the plaintiff, it is stated that the plaintiff is appealing against part of my decision in respect of:

(a) back charges which were wrongfully imposed upon the plaintiff by the defendant in relation to electricity supply by Tenaga Nasional Berhad ('TNB') in the sum of RM653,726.73; and

(b) all loss and expense claims Nos 1 to 7 for the NSC in the sum