New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Suspension of work

Legal area

Court

2 Mar 2017

BULMER v ENVISAGE CONSTRUCTION LTD [2017] NZHC 318

Citation

[2017] NZHC 318
Court

High Court

Summary judgment was set aside because there existed a genuine and reasonably arguable factual dispute—in particular concerning slab edge insulation—that could amount to an equitable set-off against the 12th staged payment; because that dispute was not amenable to summary disposal and precluded a finding that the Bulmers had repudiated the contract, Envisage had not established entitlement to summary judgment and the matter must be remitted to the District Court for full hearing.
25 May 2006

MARSDEN VILLAS LTD V WOODING CONSTRUCTION LTD HC AK CIV-2006-404-002136

Citation

openlaw-4158c420_17bb_45d5_9a77_1d85f4200f14.pdf
Court

High Court

Payment claim no.29 was a valid payment claim; the Contract incorporated the engineer's 10 working day response as the operative payment schedule period, and the faxed claim of 27 February 2006 was effectively served that day under the Regulations; Marsden Villas failed to serve a payment schedule within that contractual period so the full claimed amount (less the scheduled amount paid) became recoverable and Wooding was entitled to give notice and to suspend work; alternative claim no.26 was dealt with in time and did not give rise to unpaid liability.