BDP hospital adjudication upheld after rejecting both parties’ claimed rates
Summary
A court has upheld an adjudicator’s decision in a dispute between contractor BDP and client Cygnet Behavioural Health, confirming an award of £136,769. The judge found that the adjudicator was entitled to reject both parties’ competing liquidated damages rates, rejecting arguments that he had exceeded his jurisdiction or breached natural justice.
Why it matters
The case is relevant to surveyors involved in contract administration, dispute resolution and assessing delay-related claims on construction projects. It reinforces the importance of clear contractual drafting and the risks where liquidated damages provisions are contested.
Key points
- Court upheld an adjudicator’s award of £136,769 to BDP.
- Judge accepted that both parties’ proposed liquidated damages rates could be rejected.
- Cygnet Behavioural Health challenged the adjudicator’s jurisdiction and fairness arguments.
- The dispute centred on liquidated damages in a hospital project context.
Organisations:
BDP, Cygnet Behavioural Health, Construction News
Read the original article
This is an RPSA summary of a publicly available article. The full content remains with the original publisher.
