Prolintas clarifies misleading claims in news report on DASH subcontractors

Projek Lintasan Kota Holdings Sdn Bhd (PROLINTAS), as the holding company of Projek Lintasan Damansara-Shah Alam Sdn Bhd (PLDASH), notes with concern the recent news report entitled “DASH Subcontractors Hire Dispute Resolution Law Firm to Help Recover Over RM100mil”.

Unfortunately, the article contains several inaccuracies and misleading allegations that do not reflect the facts of the situation. To clarify:

1. Payment Status: PROLINTAS fulfilled all verified and certified payment obligations to the Work Package Contractors (WPCs) involved in the DASH project according to the terms of their respective contract. In this regard, PROLINTAS had also consistently adhered to the payment schedules and terms agreed upon with the WPCs. PROLINTAS, however, has no direct control over if, when and how much the WPCs pay their subcontractors.

2. Financial Difficulties of Subcontractors: Accordingly, while PROLINTAS sympathises with the subcontractors’ plight, if they have not been paid by the WPCs per their respective sub-contracts with the WPCs, then that is a matter for them to pursue with the respective WPCs.

3. Termination of the WPC: The specific WPC mentioned in the reports was terminated according to the terms of its contract due to persistent breaches of its obligations under the contract. The High Court of Malaya has also held that there was no unconscionable conduct on the part of PROLINTAS and that the termination notice issued against the WPC is valid.

4. Court Orders re Subcontractors: In court proceedings with the subcontractors mentioned in the report, court orders had in fact been obtained in 2021.

In those orders, the subcontractors had agreed, among other matters:
(a) that there is no contractual relationship between them and the DASH Project employer;
(b) that all allegations made against the DASH Project employer were withdrawn unconditionally;
(c) that they would not file any further claims and/or commence any further actions whatsoever, including civil suits and ancillary proceedings, arising from the Project against the DASH Project employer and/or persons and parties related to the Project.

PROLINTAS highlights that the very lawyer mentioned in the news report – namely, Matthew Thomas Philip – had already been appointed by the subcontractors. He had, in fact, acted on their behalf in the above court proceedings and expressly agreed to the terms of the court order mentioned above.

5. Resolving Conflicts: PROLINTAS remains committed to resolving disputes in compliance with the conflict resolution mechanisms outlined in our contracts. This is in line with our prioritising transparency, integrity, and fairness in all our dealings and our dedication to ensuring that all parties are treated equitably.

6. Duress Agenda: From the above facts, it appears that the subcontractors, whose allegations have no basis in law, have thus resorted to using adverse publicity and trial by media to improperly pressure and extract a “settlement” by duress from PROLINTAS to the detriment of other stakeholders.

PROLINTAS reiterates its commitment to upholding the highest standards of integrity and accountability. We remain focused on delivering quality infrastructure projects while maintaining the best interests of all stakeholders involved - DagangNews.com