Balfour Beatty Construction Northern Ltd v Modus Corovest (Blackpool) Ltd [2008] EWHC 3029 (TCC) (04 December 2008)

Balfour Beatty Construction Northern Ltd v Modus Corovest (Blackpool) Ltd [2008] EWHC 3029 (TCC) (04 December 2008)

The adjudicator's decision was valid and reasoned, and must be enforced. The sum certified under interim certificate 29 is due as no withholding notice was served. Modus cannot set off its counterclaim for liquidated damages against sums due to Balfour Beatty. There is no realistic prospect of a defence to the claims, and summary judgment is granted.

Citation
[2008] EWHC 3029 (TCC)
Parties
Claimant: Balfour Beatty Construction Northern Limited; Defendant: Modus Corovest (Blackpool) Ltd
Jurisdiction
England and Wales
Judgment Date
04 December 2008
Procedural Posture
Commercial Construction Dispute / Summary Judgment Application
Outcome
Summary judgment granted for claimant; defendant's applications refused.
Legal Topics
Adjudication Enforcement, Summary Judgment, Interim Payments, Liquidated Damages, Set Off, Mediation Clauses
Construction Law Contract Law Civil Procedure Adjudication Enforcement Summary Judgment Interim Payments Liquidated Damages Set Off +1 more

Case Brief

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Parties

Balfour Beatty Construction Northern Limited

Claimant

Modus Corovest (Blackpool) Ltd

Defendant

Procedural Posture

Commercial Construction Dispute / Summary Judgment Application

Legal Issues

  1. 1 Whether the adjudicator's decision should be enforced by summary judgment
  2. 2 Whether the claimant is entitled to payment under interim certificate 29
  3. 3 Whether the defendant can set off or counterclaim for liquidated damages

Ratio Decidendi

The adjudicator's decision was valid and reasoned, and must be enforced. The sum certified under interim certificate 29 is due as no withholding notice was served. Modus cannot set off its counterclaim for liquidated damages against sums due to Balfour Beatty. There is no realistic prospect of a defence to the claims, and summary judgment is granted.

Court Disposition

Summary judgment granted for claimant; defendant's applications refused.

Orders

  • Judgment for Balfour Beatty in the sum of £183,492 (adjudicator's decision plus interest)
  • Judgment for Balfour Beatty in the sum of £994,988 (interim certificate 29 plus interest)