Adjudications: smashed but not grabbed

Theresa mohammed bw 2018

A new ruling on smash-and-grab adjudications has further complicated matters

The first reported case to apply the principles of last November’s landmark case, S&T (UK) Ltd vs Grove Developments Ltd, on so-called “smash-and-grab” adjudications – where full payment of all payment notices is sought on the grounds that an employer failed to issue a valid payment or pay less notice – seems to have confirmed fears over its practical application.

In M Davenport Builders Ltd vs Greer & Another, the parties had entered into a contract for construction operations to be carried out at a building in Stockport. The contract made no reference to adjudication or the amount or date of payments, which meant the relevant provisions of the Scheme for Construction Contracts, and so the Construction Act applied. 

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