3 Sept 2014
CONCRETE STRUCTURES (NZ) LIMITED v NZ WINDFARMS LIMITED [2014] NZHC 2118
- Citation
- [2014] NZHC 2118
- Court
- High Court
Apply the contract's express allocation of risk and variation valuation procedures: weather-related time costs are presumptively borne by the contractor under the special conditions; a variation relaxing specification does not alone create entitlement to time-related costs where valuation and notice procedures were not complied with; where the principal's default (failure to obtain consents) caused suspension the principal must pay; unreasonable deductions from certified payments attract contractual interest under an objective reasonableness test.