5 Aug 2020
THE FLETCHER CONSTRUCTION COMPANY LIMITED v SPOTLESS FACILITY SERVICES (NZ) LIMITED [2020] NZHC 1942
- Citation
- [2020] NZHC 1942
- Court
- High Court
Schedule 44 did not substantially comply with s 21(3) of the Construction Contracts Act 2002 because the Variations and Contra Charges sections failed to indicate the manner of calculation and reasons for significant deductions (notably new multi-million dollar contra charges and delay claims lacking specific breakdown or identifiable document references); taken as a whole Schedule 44 was invalid, therefore no valid payment schedule was provided, Fletcher remained liable to pay the claimed amount and Spotless was entitled to serve notice of intention to suspend and to suspend works; Fletcher'…