Building Voices

Episode #19: ”Smash and grab” adjudications: where are we now?

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In our latest episode Conor Rodgers and Jane Fender-Allison, both of CMS’ ICE Disputes team, discuss what you need to know about "smash and grab" adjudications.

They recap what they are, what their counter true value adjudications are and what the latest case law tells us. 

In short, that case law now means paying parties in construction contracts have to be extra vigilant in meeting their obligations around payment and notices under the Construction Act regime, or face tight restrictions on when they can start a true value adjudication.  

Topics of discussion include:  

  • What is a “smash and grab” adjudication?
  • What is a “true value” adjudication – a key way for a paying party to recover from a smash and grab and restore the parties’ underlying entitlements
  • What has the position been on when a true value adjudication can be kicked off?
  • What the latest case law tells us – how an immediate payment obligation arises once there is a notified sum, even if a smash and grab adjudication has not been raised; and the court’s view on whether a “genuine dispute” on payment notices allows a true value adjudication to be started in the absence of payment
  • Four key points to remember about when a true value adjudication can be started

    • To read more on this please see CMS’ update here: Smash and grab” vs “true value” adjudications: where are we now? (cms-lawnow.com)

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