Balfour Beatty Construction v Serco Ltd.

Serco is obliged to pay Balfour Beatty the sum awarded by the adjudicator and is not entitled to set off liquidated and ascertained damages, as the adjudicator did not determine entitlement to such damages for the period after 7th June 2004; summary judgment is granted to Balfour Beatty.

Parties: Claimant: Balfour Beatty Construction Limited; Defendant: Serco Limited
Jurisdiction: England and Wales
Judgment Date: 21 December 2004
Procedural Posture: Application for Summary Judgment / Judgment
Outcome: summary judgment granted for claimant
Legal Topics: Adjudication Enforcement, Liquidated Damages, Extension of Time, Withholding Notices

Construction Law Contract Law Adjudication Enforcement Liquidated Damages Extension of Time Withholding Notices

Case Brief

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 9 Party arguments 2 Amounts and remedies 1

Parties

Balfour Beatty Construction Limited

Claimant

Serco Limited

Defendant

Procedural Posture

Application for Summary Judgment / Judgment

Legal Issues

1 Is the claimant entitled to summary judgment enforcing the adjudicator’s award?
2 Can the defendant set off liquidated and ascertained damages against sums awarded by the adjudicator?
3 Did the adjudicator determine the entitlement to liquidated damages for the period after 7th June 2004?

Ratio Decidendi

Court Disposition

summary judgment granted for claimant

Orders

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