For damages and claims, there are two daages that our client wants to claim.

First is the pecuniary loss. And the second one is the liquidated damages.

For pecuniary loss which has been suffered by our client due to the breach of contract between
Syarikat Perwira Jaya and Tujuh Corporation Sdn Bhd.

This is due to the fact that Tujuh Corporation is still owes our client an amount of RM 692, 558.42.

The details of the damages are as follows:

(a) Retention sum together with the amount of Good Service Tax (GST) will be RM 114, 296.67
starting from 23 April 2015 until 24 July 2015.
(b) The Progress Payment Certificate dated on 28 August 2015 until 28 September 2015 which is
amounting to RM 578, 261.75.

After we sum up all the details as what have been mentioned, the total of amount that Tujuh
Corporation still owes our client is equal to RM 692, 558.42.

So for the first claim, our client wants to claim for the pecuniary loss on the basis as have been
stated under Section 74 in Contracts Act 1950 which stated the compensation for loss or damage
caused by breach of contract.

Here we would like to refer to the case of Arkitek Tenggara S/B v Mid Valley City S/B (FC).

Done with the first claim, then we move on to the second claim.

For the second claim, we would like to raise the issue regarding of liquidated damages as have been
stated under section 75 in Contracts Act 1950 which stated about compensation for breach of
contract where penalty stipulated for. However, in the contract provided there is no any clause on
Termination, we are unsure whether or not to impose the penalty rate on Defendant ( in SOC, we
have included rate of 2% per annum from 29.09.2015 until the full settlement date). So, our concern
here is that can we include in the liquidated damages although there is no clause on termination in
the contract?