7 Mar 2018
CUSTOM STREET HOTEL LTD v PLUS CONSTRUCTION NZ LTD [2018] NZCA 36
- Citation
- [2018] NZCA 36
- Court
- Court of Appeal
Formal suspension by the engineer is not a precondition to a contractor's right to terminate under NZS 3910:2003 cl 14.3.3; the right to suspend and the right to terminate are triggered once the 10-working-day remedy period has expired and suspension is available. Clauses 14.2.3 and 14.2.4 require completion of the works before the engineer's cost certification and any wash-up payment for additional cost of completion can be made. The arbitrator's factual findings that Plus had not repudiated and validly terminated must be respected on appeal.