H & M Constructions (NSW) Pty Ltd v Golden Rain Development Pty Ltd (No 4)

H & M Constructions (NSW) Pty Ltd took action against Golden Rain Development Pty Ltd in the Supreme Court of New South Wales, focusing on a design and construct contract dispute. The central issue was the interpretation of a "conditional" certificate of practical completion issued by the superintendent. This certificate specified that practical completion would occur upon the builder meeting certain conditions. H & M argued that this certificate was invalid and did not legally constitute practical completion, while Golden Rain contended that the conditional certificate was effective and had set the date for practical completion.

The court had to determine whether the conditional certificate was a valid form of practical completion under the contract, and if the court could ascertain the actual date of practical completion. Additionally, the court examined whether Golden Rain had taken over the builder's obligations, thus preventing H & M from completing the project. Another point of contention was whether Golden Rain had induced H & M to believe that the conditional certificate fixed the time for determining liquidated damages and delay costs. Furthermore, H & M alleged that Golden Rain engaged in unconscionable conduct.

The court concluded that the conditional certificate did not legally constitute practical completion. It also held that Golden Rain did not prevent H & M from performing their obligations, as the developer had not taken over the builder's duties. The court found no evidence that Golden Rain induced H & M to accept the conditional certificate as a definitive completion date. Finally, the court ruled that Golden Rain did not engage in unconscionable conduct. As a result, H & M's claims were dismissed, and the court declined to determine the date of practical completion.