5 Sept 2019
FOCUS CONSTRUCTION INTERIORS LTD v SPACEWORKS DESIGN GROUP LTD [2019] NZHC 2211 [5 September 2019]
- Citation
- [2019] NZHC 2211
- Court
- High Court
Clause 3 imposed an enforceable obligation to make reasonable endeavours, informed but not limited by an anticipated four year timeframe; the obligation was to achieve $3,000,000 of defined 'work' and was not confined to negotiated tender work (clause 5(d) imposed a separate unquantified obligation about negotiated tenders which was expressly subject to client requirements); on the facts the defendants did not fail to make reasonable endeavours and the plaintiff's claim fails.