JCW

[Building Construction dispute – the meaning of “variation works” and the difference between “re-measured works” and “variation work”] Justin was the lead counsel assisted by Alvin, acting for the defendant. The defendant was the principal sub-contractor to carry out works in relation to the “Electrified Double Track Project between Rawang and Ipoh”. The plaintiff was appointed as the Defendant’s sub-contractor and made progress claims via 115 claim certificates for RM9,779,933.52. The defendant maintained that the plaintiff has been duly paid and the defendant having instructed or issued any variation order for additional work. The Court held that “re-measurement works” are part of the original contract and is by no means “variation work”. The plaintiff failed to produce its source documents (“Detail Method Statement”) to prove its claim plus failed to distinguish between original and additional/variation works in its certificate of claim. The Plaintiff was found to be adjusting its figures as the claim proceeds. The Plaintiff’s claim was dismissed after Full Trial.