2 Nov 2021
DAVIES v K M SMITH BUILDER LTD [2021] NZHC 2865
- Citation
- [2021] NZHC 2865
- Court
- High Court
Court found no actionable pre-contractual representations that Mr Smith personally would project manage, no guaranteed price cap ($2.5–$2.8m) nor $3m maximum, and no definitive completion date; only an implied term existed that costs be reasonable, which plaintiffs failed to disprove; Mr Smith nevertheless owed a personal duty of care by virtue of his control over project management and breached that duty in limited respects leading to modest remedial liability; the BNZ letter was an ill-advised estimate prepared at plaintiffs' request and not proof of deception; counterclaim for unpaid invoi…