JCW

[Building Contract – Whether the construction works is not in accordance with construction drawings prepared by engineer] Justin was the counsel for Stronpac Contruction Sdn Bhd, the Appellant (Defendant). In this case, the Plaintiff alleged that the Defendant constructed 61 units of houses with discrepancy of 2 sq.ft. per unit (38 sq.ft. instead of 40 sq.ft.) causing the Plaintiff to suffer losses as sale price of the houses was reduced. As such, the Plaintiff claimed that the Defendant failed to carry out the construction works in accordance with the construction drawings prepared by the engineer and consequently breached three (3) construction contracts. The claim was allowed by the High Court and was subsequently overturned by the Court of Appeal. In this case, the Court of Appeal allowed the appeal and held that there was no clause in the contract specifically provides that the houses built must be 40 sq.ft. and that the Defendant had constructed the houses based on the construction drawings given to them which was specified that the length of houses to be built was 38 feet. The Court also finds that the Plaintiff failed to produce any of the plans which they had relied on and throughout the construction period and there was no evidence of non-compliance and delay by the Defendant.