Balfour Beatty Engineering Services (HY) Ltd v Shepherd Construction Ltd [2009] EWHC 2218 (TCC) (01 September 2009)

Balfour Beatty Engineering Services (HY) Ltd v Shepherd Construction Ltd [2009] EWHC 2218 (TCC) (01 September 2009)

The adjudicator had jurisdiction to consider the entirety of HYL's extension of time claim as set out in the 23 December 2008 submission, including denied access/site-wide delays, because these matters were sufficiently identified in the notice of adjudication and referral. There was no material breach of natural justice or evidence of bias. The adjudicator's decision is enforceable.

Citation
[2009] EWHC 2218 (TCC)
Parties
Claimant: Balfour Beatty Engineering Services (HY) Limited; Defendant: Shepherd Construction Limited
Jurisdiction
England and Wales
Judgment Date
01 September 2009
Procedural Posture
Commercial Construction Enforcement / Application to Enforce Adjudicator's Decision
Outcome
Claim allowed; adjudicator's decision enforced
Legal Topics
Enforcement of Adjudicator's Decision, Extension of Time, Liquidated Damages, Natural Justice, Jurisdiction of Adjudicator
Construction Law Contract Law Adjudication Enforcement of Adjudicator's Decision Extension of Time Liquidated Damages Natural Justice Jurisdiction of Adjudicator

Case Brief

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Parties

Balfour Beatty Engineering Services (HY) Limited

Claimant

Shepherd Construction Limited

Defendant

Procedural Posture

Commercial Construction Enforcement / Application to Enforce Adjudicator's Decision

Legal Issues

  1. 1 Whether the adjudicator had jurisdiction to decide on the expanded scope of dispute including denied access/site-wide delays
  2. 2 Whether the adjudicator breached natural justice or was biased
  3. 3 Whether the adjudicator's decision on extension of time and payment is enforceable

Ratio Decidendi

The adjudicator had jurisdiction to consider the entirety of HYL's extension of time claim as set out in the 23 December 2008 submission, including denied access/site-wide delays, because these matters were sufficiently identified in the notice of adjudication and referral. There was no material breach of natural justice or evidence of bias. The adjudicator's decision is enforceable.

Court Disposition

Claim allowed; adjudicator's decision enforced

Orders

  • SCL to pay HYL the sum of £1,435,617.20 as determined by the adjudicator
  • SCL to pay costs of the enforcement proceedings