Posts Tagged ‘Contract’

Supplier of construction materials entitled to issue a payment claim for future works

NMHB Limited v Concrete Structures (NZ) Limited In this month’s article I wish to review the High Court decision of NMHB Limited v Concrete Structures (NZ) Limited.  This was an application to set aside a statutory demand under section 289 of the Companies Act 1993, making demand for outstanding amounts owing pursuant to payment claims [...]

New English decision – A contractor has an obligation to meet design objectives even if design supplied inadequate to meet design objective.

In this month’s article I wish to review the August 2017 United Kingdom Supreme Court decision of MT HA,jgaard A/S v E.ON Climate & Renewable UK Robin Rigg East Limited and another. The background MT HA,jgaard A/S (MTH) designed and installed foundational structures for two windfarms, which failed shortly after the completion of the project. [...]

Floorman Waikato Limited v Jonathan McRae

In this month’s article I wish to review the May 2017 decision of Floorman Waikato Limited v Jonathan McRae. Background/Dispute Floorman Waikato Limited (F) was engaged by Mr McRae (M) to sand and coat his floors. F said that different options and pricing for flooring were discussed and said that he could not determine which [...]

Bulmer & Anor v Envisage Construction Limited

Can payment be withheld, and a construction contract cancelled, on the basis of incomplete work? In this month’s article I wish to review the March 2017 decision of Bulmer v Envisage Construction Limited. This decision was initially heard in the District Court, and was appealed to the High Court. Factual Background The appellants (Mr & [...]

Retentions – Update

In this month’s article I wish to take the reader back to the proposed changes to the retentions regime brought about by the amendments to the Construction Contracts Act 2002.  I have previously identified these changes in earlier articles in this column, most recently in my July 2016 article entitled “Companies may not survive sudden [...]

Can you imply into a building contract a term allowing the Owners to terminate?

Van Der Wal Builders & Contractors Ltd v Hanham [2013] NZHC 2284   Overview The claim before the High Court (M Van Der Wal Builders & Contractors Ltd v Hanham) was an appeal of a decision in the North Shore District Court. The appellant (the Builder) was contracted by the respondent (the Owners) to carry [...]

How Far Does a Duty Of Care Extend and What is Required to Mitigate Loss?

Vodafone New Zealand Limited v M5 Investments Limited & Ors [2010] NZHC 2136 Chadleigh Danswan of Auckland law firm Legal Vision examines a recent High Court decision concerning the liability of a construction company to the lessee of premises.  Overview In April 2005, Vodafone New Zealand Limited (Vodafone) took full possession as lessee of its [...]