SP ANGGERIK SDN BHD v ALUFAB INDUSTRIES SDN BHD

wa-22c-8-02-2023 High Court (Mahkamah Tinggi) 26 February 2026 • WA-22C-8-02/2023

Catchwords

CONSTRUCTION LAW — Whether the LOAs contained a binding completion date where the construction period was expressed to follow the Plaintiff’s master work programme —Whether the Main Contract terms on payment procedure, Defects Liability Period and retention mechanism are incorporated into the LOAs where the Defendant was not given a copy of the Main Contract and each LOA contains an express precedence clause — Whether the payment mechanism under Clause 4.3 of the LOAs is non-operational where the submission date is dependent on an external event controlled solely by the Plaintiff — Whether Clause 4.4 is the operative withholding provision and whether it was validly invoked — Whether the release of retention is tied to the issuance of the Certificate of Practical Completion where no such express tie exists in the LOAs — Whether the CPC is to be treated as issued where the CCC has been issued and the project handed over. BUILDING CONTRACT — Whether the obligation under Clause 2.8 to provide as-built drawings with professional engineer endorsement constitutes a condition precedent to all payment or merely a contractual duty whose breach gives rise to a right of set-off — Whether the Plaintiff is estopped from relying on Clause 2.8 as a withholding mechanism by its failure to formally reject the drawings submitted— Whether the Plaintiff is estopped from demanding as-built drawings from the Defendant having claimed and received payment from PJH for the same scope under the Main Contract CIPAA 2012 — Whether adjudication decisions not set aside under Section 15 remain validly subsisting and constitute persuasive evidence in a full trial notwithstanding a conditional stay under Section 16(1)(b) — Whether the Plaintiff’s Settlement Agreement with PJH, executed after the adjudication decisions, circumvents the Defendant’s right to direct payment under Section 30 of CIPAA 2012.

Practice Areas

CONSTRUCTION LAW

Judges (1)

Rajes Raghavji Delivered

Parties (2)

ALUFAB INDUSTRIES Sdn Bhd Defendant SP ANGGERIK Sdn Bhd Plaintiff

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-22c-8-02-2023)