11 Aug 2023
DAVERN v QBE INSURANCE (AUSTRALIA) LIMITED [2023] NZHC 2146
- Citation
- [2023] NZHC 2146
- Court
- High Court
Hawkins breached its contractual scoping obligation under the RSMA and the CGA guarantee of reasonable care and skill to the Daverns by failing to procure an updated scope for the southwestern retaining works by around March 2016; that breach materially and foreseeably caused additional remedial and retention costs and loss of rent which IAG (subrogated to the Daverns) and the Daverns can recover from QBE as Hawkins' insurer subject to policy excess and contractual limits; interest and costs reserved for later determination.