Adkin v Brown NZCA 59[2002]

Adkin v Brown NZCA 59[2002]

In this New Zealand case, it was held that an employer was not permitted to terminate for breach of an essential stipulation as to structural safety, as the defects in question could have been remedied and completed for a relatively small sum. The court consider that in the normal course of events the defects would have been remedied by the contractor before completion and thus would fall in the category on temporary disconformity and accordingly it was held that the Employer would not have grounds to terminate the contract.

“The Temporary Disconformity”