JUDGMENT

See Mee Chun J:

Parties And Claim

[1] Pursuant to letter of award dated 28 June 2013 (LOA B1 46-49), the plantiff had been appointed by the defendant as the sub-contractor for rock dumping works at the sea designated under the defendant's project known as "Provision of 24" DIA ANDRA-A/TCOT Shore Approach Pipeline Installation for Rock Dumping Work ("work"). The plaintiff was required to provide and mobilise personnel, machinery and vessel spread for the onshore and offshore rock dumping work for a lump sum price of RM8.75 million. The defendant had in turn been appointed by TLO Offshore S/B ("TLO") with the ultimate employer being Petronas Carigali S/B ("PCSB").

[2] This is the plantiff's claim for the balance sum for work done amounting to RM6,937,500.00. It is not disputed the plantiff had been paid RM1,872,500.00. The claim was resisted by the defendant alleging a breach of contract and the defendant has counterclaimed for the cost of completion.

[3] Witnesses for the plantiff were Kamal Saraf bin Mohd Rashidi (PW1, Managing Director) and witness statement marked as WSP1, Engku Ahmad Fared bin Engku Mustaffa (PW2, General Manager) and witness statement marked as WSP2, Dzulki