Gopal Sri Ram JCA::

[1] There is only one issue in this case. It is whether the plaintiff (appellant before us) is entitled to recover damages for breach of a building contract he had entered into with the defendant (respondent before us). The relevant facts are as follows.

[2] The plaintiff is a building contractor. On 2 March 1993, it entered into a contract for the construction of a school for the defendant. The contract was in the standard PWD (JKR) form with which we are all quite familiar. The contract price was RM1,956,126. The contract period was 78 weeks, that is to say, the plaintiff had to complete construction of the school and hand it to the defendant within that period. It is not on dispute that the 78 weeks expired on 29 August 1994. As it happened, the plaintiff did not complete construction by the agreed date. However, there is abundant evidence to show that the plaintiff was granted several extensions by the defendant. It is also beyond dispute — indeed it is conceded by the defendant that as at 12 September 1995 (which is the date of his letter) the plaintiff had completed 93% of the work. What was left undone was certain remedial work in respect of some