Posts Tagged ‘Payment Claim’

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 [...]

Judicial Review of an adjudication quashing determination – Anderson & Anor v Swindells & McDowall Renovations Limited

In this month’s article I wish to review the decision above, which concerned an adjudication determination under the Construction Contracts Act 2002.  Judicial review is rarely available in the context of Construction Contracts Act 2002 adjudications, because if freely available, it could thwart the fast track payment provisions contained therein. Facts.  7 February 2016 Anderson [...]

Construction Contracts Act 2002 – Service of documents using email – What constitutes effective service?

It is now common place for many business relationship communications to be conducted predominately in email form.  Construction contracts are no exception.  Typically the key device used for the said communications are smart phones which conveniently allow these communications to take place on and off the building site.  With the advent of construction industry targeted [...]

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 & [...]

Construction Contracts Act 2002 – Are resubmitted invoices capable of being payment claims?

I wish to review the September 2016 decision of Auckland Electrical Solutions Limited v The Warrington Group Limited.  This was a claim that started as a summary judgment application in the District Court where summary judgment was declined.  It ended up before Justice Downs in the High Court. Factual background.  The Appellant (Auckland Electrical) sent [...]

Construction Contracts Act 2002 – Court of Appeal upholds statutory demand.

In this month’s article I wish to review the very recent decision (10 November 2014) of Sol Trustees Limited v Giles Civil Limited.  This was an appeal from a High Court decision which declined an application to set aside two statutory demands based on payment claims.    The Facts.  Sol Trustees Ltd (SOL) and Giles [...]