19 Jun 2023
STOTT v UPLIFTING HOMES LTD [2023] NZHC 1514
- Citation
- [2023] NZHC 1514
- Court
- High Court
The court found Uplifting breached implied Building Act warranties by failing to carry out building work in a proper and competent manner, to comply with the building consent, and to complete work within a reasonable time (also breaching the CGA time guarantee). The breaches were substantial entitling plaintiffs to cancel. On cancellation the appropriate compensatory relief under the CCLA was reimbursement of plaintiffs' losses caused by the breaches, discounted to reflect defendant's legitimate contractual expenditure; the court quantified net compensation at NZD 94,911.53 and ordered paymen…