The company and Jason Buehler each face one charge under the Building Act, brought by the Queenstown Lakes District Council, of carrying out building work except in accordance with the building consent.
Specifically, the charge alleges the start bars were cut at the pre-cast concrete-to-wall foundation junctions at block A of Kmart, part of Queenstown Central, on or before August 2 last year.
It carries a maximum penalty of a $200,000 fine.
Neither party appeared in the Queenstown District Court before Judge John Brandts-Giesen yesterday, and the application to have the charges dismissed was set down for a hearing on October 1.
The 4000sqm Kmart store was part of the first stage of the $100million Queenstown Central development in Frankton.
Its opening was delayed by construction problems and the council issued a "notice to fix" in late August.
It eventually opened on October 18.
