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BDP hospital adjudication upheld after rejecting both parties’ claimed rates
['Nicola Harley']
Construction News
Contractor BDP Construction Ltd has secured a £136,769 award after a judge ruled that an adjudicator could reject both parties’ competing liquidated damages rates.
Client Cygnet Behavioural Health had argued that the adjudicator exceeded his jurisdiction and breached natural justice when rejecting both parties’ proposed liquidated damages rates.
BDP Construction was engaged to design and build the hospital in Wolverhampton under an amended JCT Design and Build Contract 2016.
BDP Construction argued that the completion date was 26 April 2024 and that the contractual rate was £14,500 per week.
He also rejected BDP Construction ’s extension-of-time claim because the contractor had not proved that Cygnet’s actions caused the alleged delays.