Adjudication: Was There More Than One Dispute?

In the case of Witney Town Council v Beam Construction (Cheltenham) Ltd [2011] EWHC 2332 (TCC), Mr Justice Akenhead had to consider whether more than one dispute had been referred to adjudication. If that was the position, then the adjudicator's decision could not be enforced.

The Facts:

In early 2010, Witney Town Council ("the Council") engaged Beam Construction (Cheltenham) Ltd ("Beam") to design and construct the new Madley Park Community Hall in Witney, Oxfordshire for the Contract Sum of £749,726. The contract required the works to be complete by 7 November 2010; however, the works were late. Eventually, the Contract Administer awarded a three-week extension of time such that the new completion date would be 26 November 2010.

On 6 January 2011, the Council took possession of the building so that it could be used in a public election. Beam argued that Practical Completion occurred at this point, but the Council claimed that whilst it did use the building, it was by arrangement and the works were given back to Beam to complete the works after the election. Beam submitted its draft final account on 21 January 2011 and its final account on 2 March 2011. On 11 March 2011, the Council purported to terminate the contract on the basis that Beam was not proceeding regularly and diligently and on 23 March 2011 Beam arrived on site to find...