Dews Construction Ltd v Longford Court Developments [2019] NZDC 25687

Published 09 March 2020

Application for summary judgment — Construction Contracts Act 2002, ss 20, 23 & 79 — District Court Rules 2014, r 12.12 — Giddens v IAG New Zealand Limited [2016] NZHC 948 — Jamon Construction Limited v Bricon Asbestos Limited [2015] NZHC 1926 — Oceania Football Confederation Inc v Engineered Solutions and Systems Ltd [2019] NZHC 1439. The parties had entered into a contract for construction work for a fixed sum of $300,000 excluding GST as well as contingency of $24,000 excluding GST. The defendant paid the plaintiff $345,000 (including GST); the plaintiff sought summary judgment for a further $115,513.14 for additional work. The defendant opposed the application saying there was no basis for further payment. Any additional work was to be recorded in writing, as per the parties' contract, but there was no record of this. There was reference to an address but it was disputed as to whether this was "stage 1" or "stage 2" work. Based on the affidavit evidence supplied there was, at the very least, an arguable defence. The application for summary judgment was dismissed and the Registrar was directed to arrange a Case Management Conference to discuss the future course of the proceeding. Judgment Date: 19 December 2019.