Balfour Beatty Construction Northern Ltd v Modus Corovest (Blackpool) Ltd

Balfour Beatty Construction Northern Ltd v Modus Corovest (Blackpool) Ltd

The adjudicator’s decision was valid and reasoned; there was no breach of natural justice or procedural unfairness. The mediation clause was too uncertain to require a stay. The certified sum under interim certificate 29 was due and not subject to set-off in the absence of a withholding notice. Modus’ counterclaim for liquidated damages raised triable issues and was not suitable for summary judgment.

Parties
Claimant: Balfour Beatty Construction Northern Limited; Defendant: Modus Corovest (Blackpool) Ltd
Jurisdiction
England and Wales
Judgment Date
04 December 2008
Procedural Posture
Civil Construction Dispute / Summary Judgment Application and Counterclaim
Outcome
Summary judgment for claimant on enforcement and interim certificate; defendant’s counterclaim for liquidated damages not summarily determined.
Legal Topics
Adjudication Enforcement, Summary Judgment, Liquidated Damages, Withholding Notices, Extensions of Time, Mediation Clauses
Construction Law Contract Law Civil Procedure Adjudication Enforcement Summary Judgment Liquidated Damages Withholding Notices Extensions of Time +1 more

Case Brief

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Parties

Balfour Beatty Construction Northern Limited

Claimant

Modus Corovest (Blackpool) Ltd

Defendant

Procedural Posture

Civil Construction Dispute / Summary Judgment Application and Counterclaim

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 by summary judgment

Ratio Decidendi

The adjudicator’s decision was valid and reasoned; there was no breach of natural justice or procedural unfairness. The mediation clause was too uncertain to require a stay. The certified sum under interim certificate 29 was due and not subject to set-off in the absence of a withholding notice. Modus’ counterclaim for liquidated damages raised triable issues and was not suitable for summary judgment.

Court Disposition

Summary judgment for claimant on enforcement and interim certificate; defendant’s counterclaim for liquidated damages not summarily determined.

Orders

  • Summary judgment to Balfour Beatty for £183,492 (adjudicator’s decision)
  • Summary judgment to Balfour Beatty for £994,988 (certificate 29)