JUDGMENT

I. PLAINTIFF'S CLAIM AND DEFENDANT'S COUNTERCLAIM

This is a claim by the Plaintiff against the Defendant for a sum of RM114,623-87, two retention sums of RM40,000-00 and RM40,522-69 respectively, general damages and interest, arising out of certain contractual works.

There is also a counterclaim by the Defendant for damages, interest and costs against the Plaintiff.

II. CONTRACT

There was no formal contract entered into between the Plaintiff and the Defendant. The Plaintiff was invited to give a quotation on the basis of drawings or plans prepared by the Defendant’s architect and engineering consultants.

A letter of acceptance of tender signed by both the Plaintiff and the Defendant and annexed to the minutes of the second site meeting held on 2nd January 1991, was sent to the Plaintiff. The relevant terms are as follows:

Pursuant to the said terms the Plaintiff was required to deposit, inter alia, a performance bond amounting to RM71,400-00 being 5% of the contract sum as a condition precedent to the commencement of the works.

The date of site possession and the completion