9 Nov 2010
CONCRETE STRUCTURES (NZ) LTD V INFRAMAX CONSTRUCTION LTD HC HAM CIV-2010-419-909
- Citation
- openlaw-275842e8_88b3_4c67_8362_c43d75146704.pdf
- Court
- High Court
The 17 June 2010 letter did not satisfy s21 because, while in writing and identifying the claim and stating a scheduled amount of zero, it failed to state the manner of calculation and reasons for the difference in respect of new items and concessions in PC17; consequently the letter was not a valid payment schedule, Inframax became liable under s22 to pay the amount claimed in PC17, and summary judgment as to liability was entered for Concrete Structures while quantum was reserved; Inframax could not rely on s27(2)(b) as it had not taken steps in reliance on any adjudicator-determined obliga…