Construction Law Update: "Smash And Grab" Adjudications Do Not Arise Under Irish Act

The High Court confirmed that a paying party's failure to respond to a payment claim notice under a construction contract does not entitle the payee, by default, to an adjudicator's decision directing payment of the amount in the notice. This differs from the situation in the UK, where legislation provides for such a default decision. Adjudications seeking such default decisions are sometimes referred to as "smash and grab" adjudications.

In Tenderbids Ltd t/a Bastion v Electrical Waste Management Ltd [2026] IEHC 5, the contractor served a payment claim notice under a construction contract for a metal waste recycling facility. The employer did not deliver any response. An adjudication followed, but an application to enforce the adjudicator's decision was dismissed for the reasons we outlined in our briefing: Construction Law Update: Court declines to enforce Adjudicator's Decision.