JUDGMENT

Introduction

[1] The present appeals arise out of common issues of law in relation to actions brought by two different plaintiffs against the same defendant. The cases related to these appeals were heard together before the first instance court and the Court of Appeal. Each court rendered one judgment respectively. Thus, the appeals before us are Appeal No 130 and Appeal No 131 again heard together due to the common issues of law involved.

Appeal No 130

[2] The appellant in Appeal No: 130 (plaintiff at the High Court) was the respondents (defendant at the High Court) sub-contractor for a mixed development project in Sungai Buloh, Selangor for the sum of RM9,789,815.00. Pursuant to cl 16.3 of the subcontract between the parties, a sum of RM489,490.75 was retained by the respondent as retention monies. The retention monies were to be released by the respondent to the appellant in two tranches: firstly, upon the issuance of the Certificate of Practical Completion ("CPC") of the Main Contract and secondly, upon the expiry of the Defect Liability Period ("DLP").