The smash-and-grab adjudication

Abstract

‘Smash-and-grab’ is a rather crude expression to describe a method of obtaining a decision that money is due to one party from another, thanks largely to a default provision in the various statutes that govern construction contracts. We adjudicators do not expect contractors or employers to necessarily understand the law, especially as we are aware that the law is complex, and the effects of noncompliance are seen as draconian by many. The purpose of this paper, therefore, is to simplify a number of recent cases in the High Court and the Court of Appeal which are binding on us all and have an impact on the daily lives of everyone in the construction industry. The paper is intended for practitioners at all levels, from students to busy adjudicators and other construction professionals. It is also written with contractors in mind to help them understand the latest legal position and judicial thinking.