Cases - Balfour Beatty Construction Ltd v Serco Ltd

Record details

Name

Balfour Beatty Construction Ltd v Serco Ltd

Date

[2004]

Citation

AII ER (D) 348 (Dec)

Legislation

Highways Act 1980

Keywords

Construction contract - adjudication - adjudicator's award - interim extension of time - entitlement to set-off - entitlement to liquidated and ascertained damages - summary judgment - enforcement

Summary

Balfour Beatty were granted an extension of time to continue works until 7 June 2004 and the adjudicator made a consequential award for loss and expenses in their favour. Serco maintained entitlement to set-off liquidated and ascertained damages in respect of the period after 7 June 2004. The court upheld the adjudicator's award and stated that it was an interim extension of time that left scope for further extensions if so applied for. Having regard to the provisions of the contract, Serco was not entitled to set-off.