Balfour Beatty Construction v Serco Ltd. [2004] EWHC 3336 (TCC) (21 December 2004)

Balfour Beatty Construction v Serco Ltd. [2004] EWHC 3336 (TCC) (21 December 2004)

The adjudicator's decision did not finally determine the entitlement to extension of time beyond 7 June 2004, nor did it establish a specific entitlement for Serco to liquidated damages for the period after that date. Therefore, Serco was not entitled to set off liquidated damages against the sum awarded by the adjudicator, and Balfour Beatty was entitled to summary judgment enforcing the adjudicator's award.

Citation
[2004] EWHC 3336 (TCC)
Parties
Claimant: Balfour Beatty Construction Limited; Defendant: Serco Limited
Jurisdiction
England and Wales
Judgment Date
21 December 2004
Procedural Posture
Application for Summary Judgment to Enforce Adjudicator's Award / Judgment on Application for Summary Judgment
Outcome
summary judgment for claimant
Legal Topics
Adjudication Enforcement, Liquidated Damages, Extension of Time, Withholding Notices, Summary Judgment
Construction Law Contract Law Adjudication Enforcement Liquidated Damages Extension of Time Withholding Notices Summary Judgment

Case Brief

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Parties

Balfour Beatty Construction Limited

Claimant

Serco Limited

Defendant

Procedural Posture

Application for Summary Judgment to Enforce Adjudicator's Award / Judgment on Application for Summary Judgment

Legal Issues

  1. 1 Whether Balfour Beatty is entitled to summary judgment enforcing the adjudicator's award
  2. 2 Whether Serco is entitled to set off liquidated and ascertained damages against the adjudicator's award
  3. 3 Whether the adjudicator's decision was final as to extension of time beyond 7 June 2004

Ratio Decidendi

The adjudicator's decision did not finally determine the entitlement to extension of time beyond 7 June 2004, nor did it establish a specific entitlement for Serco to liquidated damages for the period after that date. Therefore, Serco was not entitled to set off liquidated damages against the sum awarded by the adjudicator, and Balfour Beatty was entitled to summary judgment enforcing the adjudicator's award.

Court Disposition

summary judgment for claimant

Orders

  • Serco to pay Balfour Beatty the sum awarded by the adjudicator (£620,664 plus VAT)
  • No stay of judgment granted