Documents sighted by TEFD show that KDSB had recently called on the Port Klang Authority (PKA) to undertake a joint inspection of the additional development works (ADW) and new additional development works (NADW) with a view to close the accounts.
However, PKA is reluctant to do so due to its legal suits against KDSB for alleged overbilling and other irregularities amounting to RM1.4 billion.
The move by KDSB CEO Datuk Faisal Abdullah came on July 26, when he had written to PKA proposing a joint inspection of the works at PKFZ on July 27.
In the letter, Faisal noted that the total accumulated claims that KDSB had submitted for the NADW was RM361.63 million, but with chargeable interest until May 30, 2008, the amount due was RM37.15 million. This was in accordance with the Notice of Payment (NOP) No 24 of that date, the letter said.
The funds for the NADW had been raised through RM410 million in bonds issued by Free Zone Capital Bhd (FZCB).
“However, the chargeable interest calculated up to July 31, 2010 is RM68.93 million,” Faisal said in the letter.
Faisal
“There were also additional works amounting to RM32.677 million (excluding professional fees and chargeable interest) which is yet to be certified,” he said.
“For this, we propose that a joint inspection at the site to be carried out to determine the value of works done and since payment schedule is on July 31, 2010,” said Faisal in the letter.
In its reply dated July 26, 2010, PKA said that it was unable to attend the joint inspection due to the short notice.
When contacted, Faisal said the final inspection was called in order to close the accounts.
“As far as we are concerned, we consider the accounts closed since PKA did not want to go for the inspection,” said Faisal.
KDSB had subsequently written another letter to PKA appealing for the joint inspection, which would also involve several consultants.
PKA, in a letter dated July 27, replied that the port authority was not agreeable to the proposed joint site inspection because of legal issues involved.
“We take the view that there are numerous disputes between the parties which are now subject matter of litigation, and that the entire works carried out on the site have to be re-measured by an independent expert/consultant.
“Further, at all material times, we have made numerous requests for the as-built drawings and piling records in order for us to engage an independent consultant to verify and measure the extent and value of the works done. However, you have failed, refused and/or neglected to furnish us with the same. Without this information from you, and until we are properly advised by an independent expert/consultant, any joint measurement at this stage would be meaningless,” PKA general manager Kee Lian Yong said in his letter.
“In the light of the above, with regard to the payment of the repayment sum under the development agreements, we maintain our position that any payment made and to be made are strictly without prejudice to our rights and to the pending litigation between PKA and you. PKA also reserves the right to defer or withhold payment in the future,” Kee added.
It is learnt that PKA has made payment last Friday for the sum due on July 31. Last week, PKA was reported to have decided to withhold the last payment for FZCB in view of the on-going legal suits with KDSB. Last Wednesday, however, the transport ministry had issued a statement directing PKA to make the payments.
This article appeared in The Edge Financial Daily, August 3, 2010.
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