The defendant was employed by Cosmopleks Sdn Bhd (the employer) as the main contractor for the construction of a project known as Raintree Terrace comprising 12 units of luxury condominium apartments at Jalan Wickham, Kuala Lumpur (the project). By a sub-contract agreement dated 6 August 1984 (the first sub-contract) entered into between the plaintiff and the defendant, the latter appointed the former as a sub-contractor to supply and install air-conditioning and ventilation systems for the project. By another sub-contract agreement dated the same date (the second sub-contract) entered into by the same parties, the plaintiff was again appointed as a sub-contractor to supply and install lift services for the project. The plaintiff alleged that the defendant had failed or refused to pay the plaintiff certain progress payments notwithstanding that such payments were duly certified by the authorized architect of the project. Hence the plaintiff instituted this civil suit on 11 February 1987 against the plaintiff.

In its writ endorsed with a statement of claim the plaintiff gave particulars of the progress payments which had been duly certified by the archit