Kembang Serantau Sdn Bhd v Perbadanan Putrajaya

Kembang Serantau Sdn Bhd (Plaintiff) sued Perbadanan Putrajaya (Defendant) for payment of RM 3,136,293.25 under a construction contract for landscaping works. The Defendant argued that only RM 58,417.57 was payable due to deductions for uncompleted work, specifically the failure to replace dead trees. The High Court dismissed the Plaintiff's claim, holding that the Defendant was entitled to deduct RM 3,077,875.68 based on variation order no. 15, as the Plaintiff failed to prove it had replaced the required number of trees. The Court found the Certificate of Making Good Defects (CMGD) was not conclusive and that the Plaintiff had not fulfilled its contractual obligations.