15 Dec 2021
RANGITAHI LTD v PEMBERTON CIVIL (HAMILTON) LTD [2021] NZHC 3471
- Citation
- [2021] NZHC 3471
- Court
- High Court
The FCC triggered cl 12.4.1 of NZS3910 such that it was reasonably arguable the contractor was required to submit one final wash-up payment claim encompassing outstanding matters; claim 41 was therefore arguably not a valid progress claim because it was not endorsed as final, duplicated previously rejected items and failed substantively to identify the relevant period and calculation; accordingly Rangitahi established a substantial dispute as to whether the debt was owing and the statutory demand was set aside.