Balfour Beatty Engineering Services (HY) Ltd v Shepherd Construction Ltd

Balfour Beatty Engineering Services (HY) Ltd v Shepherd Construction Ltd

The adjudicator's decision was responsive to the dispute referred, did not exceed jurisdiction, was not contrary to natural justice or biased, and provided sufficient reasoning. HYL was entitled to an extension of time due to late/denied access and related delays caused by SCL, and SCL was not entitled to deduct liquidated damages or prolongation costs.

Parties
Claimant: Balfour Beatty Engineering Services (HY) Limited; Defendant: Shepherd Construction Limited
Jurisdiction
England and Wales
Judgment Date
01 September 2009
Procedural Posture
Judgment / Enforcement of Adjudicator's Decision
Outcome
Judgment for HYL; adjudicator's decision enforceable.
Legal Topics
Adjudication, Extension of Time, Liquidated Damages, Natural Justice, Jurisdiction, Reasoned Decision
Construction Law Contract Law Adjudication Extension of Time Liquidated Damages Natural Justice Jurisdiction Reasoned Decision

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Parties

Balfour Beatty Engineering Services (HY) Limited

Claimant

Shepherd Construction Limited

Defendant

Procedural Posture

Judgment / Enforcement of Adjudicator's Decision

Legal Issues

  1. 1 Whether the adjudicator's decision was responsive to the dispute referred
  2. 2 Whether the adjudicator exceeded jurisdiction by deciding matters previously adjudicated
  3. 3 Whether the adjudicator acted contrary to natural justice

Ratio Decidendi

The adjudicator's decision was responsive to the dispute referred, did not exceed jurisdiction, was not contrary to natural justice or biased, and provided sufficient reasoning. HYL was entitled to an extension of time due to late/denied access and related delays caused by SCL, and SCL was not entitled to deduct liquidated damages or prolongation costs.

Court Disposition

Judgment for HYL; adjudicator's decision enforceable.

Orders

  • SCL to pay HYL £1,158,645.34 plus £61,254.94 interest as awarded by adjudicator.
  • SCL to pay adjudicator's fees and expenses.