THE WILLINGNESS OF COURTS TO ENFORCE THE DECISION OF AN ADJUDICATOR

Balfour Beatty Construction Northern Ltd v Modus Corovest (Blackpool) Ltd [2008] EWHC 3029 (TCC), 4 December 2008

In Balfour Beatty Construction Northern Ltd v Modus Corovest (Blackpool) Ltd [2008] EWHC 3029 (TCC), 4 December 2008, Mr Justice Coulson affirmed that the courts will generally endeavour to enforce a decision of an adjudicator and he rejected the various challenges which had been made to the decision of the adjudicator. He also held that the claimant was entitled to summary judgment in its claim based on a valuation/interim certificate but that the defendant was not entitled to summary judgment in its claim for liquidated damages because that claim was the subject of a bona fide dispute on which the claimant had a realistic prospect of success.