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DEVELOPMENTS IN ‘SMASH AND GRAB’ ADJUDICATIONS
WHAT IS A “SMASH AND GRAB” ADJUDICATION?
A “smash and grab” adjudication is where the contractor typically relies on the employer’s failure to get its paperwork in order to “grab” money quickly through an adjudication. It usually arises when the employer fails to serve a valid pay-less notice in time in accordance with the construction contract.
The number of court cases over the years show a concern around smash and grab adjudications and in particular the ability of the employer to commence a second adjudication if it disagrees with the value of the work claimed by the contractor.
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