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ARTICLE · 07 JUNE 2024

Successful Defence Of Smash And Grab Adjudication

Eversheds Sutherland Ireland
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In a recent adjudication, the draconian and harsh consequences of ‘smash and grab' adjudications were considered highlighting the necessity for strict compliance with the Construction Contracts Act 2013.

IrelandReal Estate and Construction
Dermot McEvoy
Dermot McEvoy

In a recent adjudication, the draconian and harsh consequences of 'smash and grab' adjudications were considered highlighting the necessity for strict compliance with the Construction Contracts Act 2013.

Why Should I read this?

In this adjudication, we acted for an Employer to a construction contract successfully defending a very significant seven-figure 'smash and grab' adjudication under the Construction Contracts Act 2013 ("CCA 2013/the Act") issued by a significant Irish Contractor.

A "smash and grab" adjudication may occur when, in the absence of a valid and timely payment notice or pay less notice, the payee claims payment for the full sum claimed in the disputed payment application. In such cases, it is open to an adjudicator to decide not to assess the valuation of the payee's application, but instead to make an award solely on the claimed amount, albeit in dispute.

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