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Gamuda Berhad (29579-T) • Annual Report 2012
40. Material litigations (cont’d.)
(ii)
BAE’s statement of claim was submitted on 10 February 2011. on 5 February 2012, the respective parties’
claims were amended. BAE claims from the Respondents, jointly and severally, a total quantified sum of
qAR148,025,109 (approximately RM129,477,000) comprising:-
(a)
qAR113,484,899 for alleged prolongation, escalation, collateral and associated costs for 728 days’
delay in completion of the Sub-contract works;
(b)
qAR13,400,205 for alleged Gabbro Aggregate overcharge/wrongful deductions;
(c)
qAR964,970 for alleged wrongful deduction for supply of bitumen;
(d)
qAR9,187,663 for alleged wrongful deductions from payments due to the Claimant for the supply of
dune sand;
(e)
qAR5,923,081 for alleged incorrect measurement of the subcontract works for the purpose of
payment;
(f)
qAR5,064,291 for retention money allegedly owed to BAE;
and further unquantified sums for legal costs, arbitration costs and interest (collectively referred to as “the
Claims”).
The Respondents have submitted a counter claim of a total quantified sum of qAR63,176,493 (RM55,260,000)
for breach of contract by BAE.
An Award is expected on or before 30 November 2012.
The Company is of the opinion that there are significant technical difficulties for BAE to overcome in pursuing
its claims against the Respondents in the Request for Arbitration.
NoTES To ThE FINANCIAL STATEMENTS
31 July 2012