Background:

The University of Warwick (Warwick) contracted Balfour Beatty Group Ltd (Balfour Beatty) under an amended JCT 2011 D&B to design and construct the National Automotive Innovation Centre (the Centre). The works were split into 4 sections. Balfour Beatty took possession of each of these sections on the 20 April 2015. However, the dates for completion specified for each section varied – section 1-3 were to be completed by April 2017 but section 4 had a later completion date of July 2017. Warwick was entitled to recover liquidated and ascertained damages (LADs) in circumstances where Balfour Beatty did not achieve Practical Completion, with different rates of LADs applied per section.