KUALA LUMPUR: The government has failed in its bid to recover RM1.62 million from an engineering consultancy over cracks discovered during the construction of the Sultan Yahya Petra Second Bridge in Kelantan 14 years ago.
The Kota Baru High Court ruled that the government had failed to prove that the cracks were caused by defective designs prepared by Konsortium KMS Ingenieur-Bentara-RMR.
However, judge Mohd Rosli Yusoff found that the consultancy had breached its contractual obligation to investigate the cracks and recommend repairs.
The judge ordered the company to pay the government RM54,720 to cover the cost of appointing an independent engineering firm to investigate the damage.
He also allowed the company's counterclaim, ordering the government to pay RM982,181.20 in outstanding professional fees.
The judge said the evidence did not support the government's claim that the cracks were caused by insufficient steel reinforcement in the company's design.
He said several factors pointed to construction problems, including the thickness of the concrete cover, which ranged from 34mm to 72mm, against the specified 30mm.
The judge also noted that another section of the bridge, known as Span 56, which used a similar design and reinforcement, had not developed cracks despite carrying a heavier load.
"If the cracks at Span 55 were caused by insufficient reinforcement in the defendant's design, Span 56 would certainly have experienced similar or more severe cracks as it carried a greater load.
"In the court's opinion, this points more towards reinforcement bars not being properly installed and not complying with the design provided," he said in his written judgment dated Oct 20.
The dispute arose after cracks were discovered in March 2012 at Span 55, between piers 54 and 55.
The company was appointed in November 2005 to prepare detailed engineering designs for the bridge project, initially valued at RM100 million before increasing to RM143 million.
Its appointment did not include supervising construction, which was undertaken by the Public Works Department.
Following the discovery, the government directed the company to investigate the cracks and propose repairs.
However, the company maintained that the investigation fell outside its scope of work and sought written instructions for additional services.
The government appointed Nik Jai & Associates Sdn Bhd to investigate the cracks and recommend strengthening works.
Strengthening works were later carried out on 15 sections of the bridge, although cracks had been detected in only one.
The government sued the consultancy, seeking RM1.62 million after deducting RM982,181.20 in outstanding professional fees from its total claim of RM2.6 million.
The claim included RM1.96 million for strengthening works, RM582,875 in additional consultancy fees and RM54,720 for an independent engineering investigation.
The court also questioned why the company should bear the cost of strengthening the 14 other sections where no cracks had been detected.
"Even if the cracks at Span 55 were caused by deficiencies or errors in the defendant's design, the defendant would only be liable for the cost of strengthening the slab at Span 55.
"There were no complaints of damage or cracks, no investigations carried out and no cracks found in any of the other 14 slabs," he said.
The judge also found that the company remained contractually obligated to investigate the cracks despite its limited appointment to prepare engineering designs.
He rejected its argument that the investigation fell outside its responsibilities, saying this would allow contracting parties to choose which provisions to comply with.
"This would lead to uncertainty in the interpretation of an agreement or contract," he said.
The company was represented by Mudzafar Shah Mohamad and Nasya Alia Mudzafar Shah, while senior federal counsels Mohd Syahzan Rusni and Nur Azimah Che Ismail acted for the government.
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