Cases - Balfour Beatty Construction Ltd v Lambeth London Borough Council

Record details

Name
Balfour Beatty Construction Ltd v Lambeth London Borough Council
Date
[2002]
Citation
TCC
Legislation
Keywords
Construction contracts - adjudication - jurisdiction - breach of natural justice - bias - fairness - procedural errors - extension of time - damages for delay - enforcement - summary judgment - JCT Standard Form Contract - whether adjudicator exceeded jurisdiction - Housing Grants, Construction and Regeneration Act 1996, section 108
Summary

Balfour Beatty sought to enforce an adjudicator's decision in relation to an extension of time and loss and expense claim. Lambeth opposed, on the grounds of bias and breach of the rules of natural justice by the adjudicator. HHJ Lloyd QC. found that an adjudicator exceeds his or her jurisdiction where he or she makes good fundamental deficiencies in one party's material - in this case, the lack of a critical path analysis-without giving the other party a reasonable opportunity to consider that intention or the results.