VICTORY BUILDERS SDN. BHD. v MEINHARDT EPCM SDN. BHD.

wa-24c-106-06-2025 High Court (Mahkamah Tinggi) 10 March 2026 • WA-24C-106-06/2025

Catchwords

CONSTRUCTION LAW: Whether an employer's representative who performs certification and payment functions purely as agent for the employer qualifies as the "principal" of the main contractor within the meaning of Section 4 CIPAA — Whether a separate purchase order issued by the employer's representative to the main contractor creates an independent principal-contractor relationship displacing the letter of award — Whether the precondition of money "due or payable" under Section 30(5) CIPAA requires the outstanding sum to arise within the same chain of construction contracts linking the alleged principal through the main contractor to the claimant subcontractor — Whether monies payable under a separate post-cessation contractual chain in which the subcontractor has no part satisfy Section 30(5) notwithstanding that they relate to the same project — Whether Section 30 CIPAA permits a cross-chain direct payment order.

Judges (1)

Rajes Raghavji Delivered

Parties (2)

MEINHARDT EPCM Sdn Bhd Respondent VICTORY BUILDERS Sdn Bhd Applicant

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-24c-106-06-2025)