The dispute centres on Coventry & Warwickshire Development Partnership’s 215-acre SEGRO Park development, where Buckingham was engaged to excavate, treat and reposition around 5 million cu m of material to form an environmental bund.
Avison Young was appointed as NEC project manager and supervisor but was found to have repeatedly overstated Buckingham’s progress when assessing monthly payment applications.
The problems centred on two key failings.
First, the consultant accepted reduced estimates of the total earthworks required without sufficient evidence. Shrinking the overall volume made it appear Buckingham had completed a greater proportion of the contract, inflating payment claims.
Second, Avison Young relied heavily on excavation figures rather than separate production records showing how much material had actually been placed in its final position.
This overstated progress by failing to account properly for all the excavation, treatment and placement work required.
The developer initially claimed it had overpaid Buckingham by £25.4m when Avison Young’s appointment ended in January 2023.
Buckingham went into administration that August, leaving the developer unable to recover the overpayments.
An adjudicator found the consultant had failed to exercise the required skill and care, accepting progress claims largely at face value despite holding conflicting site records.
He identified over-certification of at least £7.69m and awarded £8.73m in damages, inclusive of interest.
Avison Young refused to pay, arguing the adjudicator had effectively undertaken his own valuation rather than deciding a negligence claim.
But Mr Justice Eyre rejected the challenge, finding the adjudicator had addressed the correct dispute and adequately explained his decision.
He also dismissed complaints about the use of a subsequent Gardiner & Theobald assessment, ruling both parties had been given ample opportunity to comment.
The judge granted summary judgment enforcing the full award.
