12 Feb 2019
ACM REMOVALS LTD v SOUTHERN DEMOLITION AND SALVAGE LTD [2019] NZHC 124
- Citation
- [2019] NZHC 124
- Court
- High Court
The 12 November quotation supplemented but did not exclude the contractor's standard terms; the contract required removal of asbestos identified in the Optimum Report (including lift shafts to the basement and asbestos on tops of I-beams and pillars identified as 'areas of concern'); ACM Removals failed to perform a substantive contractual obligation by not removing asbestos from the tops of the I-beams and therefore Southern Demolition was entitled to withhold final payments and to terminate; the contested variation claims lacked the required written agreement and quantum meruit does not ass…