RIMBUNAN BUMI BINA SDN BHD v BRILLIANT LTP BUILDER SDN BHD

ca-12bc-1-05-2022 High Court (Mahkamah Tinggi) 22 July 2024 • CA-12BC-1-05/2022

Catchwords

Construction — Subcontract o construct and complete the building works — Fixed price lump-sum subcontract — Variation orders: entitlement requires written instruction; items already within original scope not payable — Omitted items cannot be claimed as VO — Insurance covers theft losses as provided by Main-Contractor extendable to Sub-Contract Works. Liquidated ascertained damages — enforceability under s.75 Contracts Act 1950; no proof of actual loss as per requirement set out in Cubic Electronics Sdn Bhd (in liquidation) v Mars Telecommunications Sdn Bhd [2019] 6 MLJ 1526. Third-party completion costs — disallowed as Sessions Judge had failed to consider the available evidence with regards to the third party works in completing the Subcontract Works that was supposed to have been completed by the Plaintiff. Defendant to pay the Plaintiff the retention sum.

Judges (1)

Mohd Radzi bin Harun Delivered

Parties (2)

BRILLIANT LTP BUILDER Sdn Bhd Respondent RIMBUNAN BUMI BINA Sdn Bhd Appellant

Judgment

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Source: eJudgment (ca-12bc-1-05-2022)