Yew Huoi, How & Associates | Leading Malaysia Law Firm

LEGAL UPDATES – CONTRACT – PAYMENT FOR WORK DONE – APPELLATE REVIEW – ADDITIONAL WORK, YOU ASKED FOR IT, YOU PAY FOR IT: COURT ORDERS PAYMENT FOR ADDITIONAL WORKS

Vessel-repair plans, invoices and a smartphone on a maritime contractor's desk, illustrating payment for requested additional works.

Can an employer refuse to pay for additional works after requesting and benefiting from them? In Samudera Wibawa Sdn Bhd v Prudence Energy Sdn Bhd [2026] 10 MLJ 229, the High Court said no. The Court held that contemporaneous WhatsApp messages, quotations and invoices clearly established that the additional works had been requested and approved, entitling the contractor to payment. The decision also reaffirms that a party cannot rely on its own conduct to avoid contractual obligations, and that claims for special damages must be strictly proved with proper evidence.

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