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ARTICLE · 15 JANUARY 2026

"Smash And Grab" Adjudication Dismissed By High Court

William Fry LLP
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In Tenderbids Limited t/a Bastion v Electrical Waste Management Limited [2026] IEHC 5, the High Court (Court) rejected that "smash and grab" adjudication applies under the Construction Contracts Act 2013...

IrelandEnvironment
Liam McCabe
Liam McCabe
Jarleth Heneghan
Jarleth Heneghan
Cassandra Byrne
Cassandra Byrne
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In Tenderbids Limited t/a Bastion v Electrical Waste Management Limited [2026] IEHC 5, the High Court (Court) rejected that "smash and grab" adjudication applies under the Construction Contracts Act 2013 (Act) and held that referral of a dispute to adjudication on this basis is invalid as it does not constitute a properly founded payment dispute.

Tenderbids 2025 decision

In the earlier notable decision, Tenderbids Limited t/a Bastion v Electrical Waste Management Limited [2025] IEHC 139 (Tenderbids 2025 decision), as discussed by us previously (click here), the Court refused an application to enforce an adjudicator's decision. It found that the adjudication was invalid and the adjudicator lacked jurisdiction, as Tenderbids had not followed the contractually required notice procedures. That decision served as a warning for parties to carefully review notice provisions in contracts to avoid having awards set aside. This was followed by a costs-related judgment

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