The dispute with KSK Group
GDB’s net profit shrank by 53% to RM8.03 million in the financial year ended Dec 31, 2023 (FY2023), from RM17.19 million a year ago. The earnings contraction was mainly due to the impact of work suspension on the 8 Conlay project.
This was exacerbated by higher project costs incurred at a completed project.
GDB was appointed as a main contractor by KSK Land Sdn Bhd — a wholly-owned unit of KSK Group — in November 2020 to build the iconic three-tower 8 Conlay luxury integrated development in downtown KL. The contract value of RM1.25 billion was the largest-ever secured by GDB.
The project had a good start in its first year as KSK Land celebrated the structural completion of the first tower, Tower A, of the YOO8 branded residences, serviced by Kempinski, at 8 Conlay onsite in November 2021.
The bombshell dropped in August 2022, when GDB suspended its work on the 8 Conlay project over payment issues. It sued KSK Land for a sum of RM120.7 million arising from what it claimed was a breach of obligations under a corporate guarantee.
Nonetheless, GDB lifted the suspension in January 2023 and resumed work on Tower A’s façade after receiving partial payment.
Two months later, GDB withdrew the lawsuit with liberty to file afresh, and remobilised and recommenced construction works on Tower A after receiving further partial payment, while other sections of works remained suspended.
KSK Land, however, failed to pay the outstanding sum under instalment in April 2023, and subsequently both parties were not able to reach a settlement consensus after having held discussions and negotiations that aimed to resolve the matter amicably.
Towards the second half of April last year, GDB and KSK Land served notices of determination on each other to end the contract. About a month later, GDB filed a fresh lawsuit against KSK Land to recover about RM102.1 million, which it contends is owed for services rendered on the 8 Conlay project.
In July 2023, an adjudicator — in adjudication proceedings in relation to the same claimed sum under the corporate guarantee — ordered KSK Land to pay RM97.8 million to GDB.
In January this year, GDB filed a winding-up petition with the High Court against KSK Land. The filing of the petition follows the court’s setting aside of KSK Land’s restraining order against its creditors, as well as an ex parte court order for leave to summon a meeting with the creditors as part of a proposed scheme of arrangement.
My question is was this caused by covid 2019 pandemic or the project itself was unsellable and therefore unfeasible?