KME Services NZ Pty Ltd v CPB Contractors Pty Ltd - [2021] 2 NZLR 315

Contract — Discretion — Default rule to be exercised in good faith — Inconsistent with construction contract terms — Extension of time claims — Subcontractor claiming entitlement to further extensions of time for substantial completion of work — Head contractor’s unilateral power to grant discretionary extension — Whether head contractor obligated to grant extensions due to own delays — Implied terms — Whether breach of implied term by head contractor — Access to worksite — Waiver — Whether head contractor waiving requirement to comply with time bars — Instructing sub-contractor to stop issuing notices of delay.

Contract — Waiver of terms — Subcontractor claiming entitlement to further extensions of time for substantial completion of work — Head contractor’s unilateral power to grant discretionary extension — Whether head contractor obligated to grant extensions due to own delays — Whether head contractor waiving requirement to comply with time bars — Whether subcontractor had relied on waivers.