29 Aug 2016
CUSTOM STREET HOTEL LTD v PLUS CONSTRUCTION NZ LTD [2016] NZHC 2011
- Citation
- [2016] NZHC 2011
- Court
- High Court
The High Court held the arbitrator did not err: Plus validly terminated for non-payment under clause 14.3.3 because the clause did not require a formal engineer suspension as a precondition to cancellation under the Contractual Remedies Act; Plus had not repudiated the contract and thus was not disentitled from terminating; clause 14.2.4 requires completion of works before the engineer can certify additional costs and such amounts are not 'properly due' until completion or admission/determination; indemnity clause 7.1.1 does not convert prospective alternative performance costs into amounts p…