Marsden Villas Ltd v Wooding Construction Ltd - [2007] 1 NZLR 807

Building — Construction and control — Payments between principal and contractor — Whether valid payment claim made — Whether responding payment schedule served within time — Whether contractor entitled to suspend work — Whether statutory default provisions applied — Meaning of provision in contract that claims should be submitted for work carried out during periods “of not less than one month” — Whether valid variation of terms — Whether earlier submission of claims to adjudicator meant they had been finally determined — Provisions as to service of payment claim — Construction Contracts Regulations 2003 (SR 2003/30), reg 9.

Contract — Building contract — Payments between principal and contractor — Whether valid payment claim made — Whether responding payment schedule served within time — Whether contractor entitled to suspend work — Whether statutory default provisions applied — Meaning of provision in contract that claims should be submitted for work carried out during periods “of not less than one month” — Whether valid variation of terms — Whether earlier submission of claims to adjudicator meant they had been finally determined — Provisions as to service of payment claim — Construction Contracts Regulations 2003 (SR 2003/30), reg 9.