26 Nov 2014
WATTS & HUGHES CONSTRUCTION LIMITED V COMPLETE SITEWORKS COMPANY LIMITED CA444/2014 [2014] NZCA 564
- Citation
- (2014) 22 PRNZ 397
- Court
- Court of Appeal
Clause 5(b) makes late payment claims still valid but gives the payer a discretion to treat a late claim as received on the next due date; any election under cl 5(b) must be communicated to the subcontractor in order to be effective by the last day on which a payment schedule could be served; Watts & Hughes did not communicate any election by the relevant deadline (27 March 2014) and thus, by cl 5(h) and s22 of the Act, became liable to pay the claimed amount and had no arguable defence to the statutory demand.