29 Aug 2019
CROMI INVESTMENTS LTD v CMP CONSTRUCTION LTD [2019] NZHC 2142
- Citation
- [2019] NZHC 2142
- Court
- High Court
Payment Claim 33 did not satisfy s 20(2)(d) because it failed to indicate a due date for payment and therefore was not a valid payment claim under the Construction Contracts Act; consequently the Act's automatic 'pay now' enforcement did not arise and the Court applied s 290 of the Companies Act and found a substantial and genuine dispute over incomplete remedial works whose value exceeded the retention claimed, so the statutory demand was set aside and the parties were directed to resolve the dispute under the contract's dispute resolution procedure.