31 May 2021
ASPHALT SUPPLY COMPANY LIMITED v COLE JOHN LIMITED [2021] NZHC 1257
- Citation
- [2021] NZHC 1257
- Court
- High Court
The High Court held the written warranty was enforceable by CJL under s 12 CCLA, the warranty obliged Asco to prepare grades and ensure water flow to existing drainage structures, Asco's work was defective and liable for remediation costs, but under s 18(2) CCLA Asco was entitled to set-off the unpaid contract balance that would have been payable had the work been properly performed; accordingly the original damages award was reduced by that set-off resulting in a substituted award of NZD 50,089.65.