NovaWest Contracting v Tara Nominees

NovaWest Contracting v Tara Nominees

NOVAWEST CONTRACTING V TARA NOMINEES (1998) 5374 OF 98


Supreme Court of Victoria – 30 October 1998

FACTS
Novawest was the contractor appointed by Tara Nominees to conduct building work in Melbourne. The contract between the parties was an AS2124-1992 contract and an independent superintendent was appointed by Tara Nominees.

Novawest submitted progress claims to the superintendent and the superintendent determined that a progress payment should be made to Novawest. Tara Nominees refused to pay the progress payments and claimed
that it had a claim for faulty work by Novawest.

Novawest sued for the debt owing under two progress payment certificates and obtained summary judgment against Tara Nominees. Tara Nominees made a claim for damages against Novawest and appealed the summary judgment decision.


ISSUES
Did the AS2124-1992 contract force Tara Nominees to pay the amounts due under the progress payment certificates issued by the superintendent despite the claims for faulty work.

FINDING

To continue reading this content, please complete the form below

End