Fletcher Construction (FCC) has lost its bid to toss out a claim by Capital & Coast District Health Board (CCH) over leaky pipes at Wellington hospital, with the judge ruling the suit was largely strong enough to go to trial.
In the High Court in Wellington, Associate Judge Warwick Smith on Friday dismissed the Fletcher Building unit's application to strike out the claim, although he watered down some of the DHB's claims in a 93-page judgement.
The DHB claims there were defects in the design and construction of the hot and cold water system of the main building at the hospital and is pursuing Fletcher and engineer Beca Carter Hollings & Furner over the leaky pipes.
The DHB says Fletcher owed it a duty of care in carrying out the work and breached a guarantee, and that Fletcher Building subsidiary Crane Group breached a duty of care by supplying defective copper pipes.
It accused Beca of negligence in failing to exercise reasonable care and skill. Beca has a cross-claim against Fletcher.
"The result is that, while parts of CCH's statement of claim will be struck out, FCC's summary judgement must be dismissed," the judge said.
"As FCC's application to strike out Beca's cross-claim was expressed to be dependent on the success of FCC's summary judgment application against CCH, the application to strike out the cross-claim will also be dismissed."
The hearing for summary judgement was in October 2016, with a second held in April last year.