Blog

Navigating the Complexities of "Smash and Grab" Adjudications: Insights from Bell Building Ltd v TClarke Contracting Ltd

In the recent case of Bell Building Ltd v TClarke Contracting Ltd [2024] EWHC 1929 (TCC) the court upheld the enforcement of an adjudicators decision in a “smash and grab” case where the adjudicator awarded a sum greater than that claimed in the referral.

When Construction Contractors Become Insolvent

When construction contractors become insolvent (whether by administration, winding-up, or other means) there is often a significant financial knock-on effect on their immediate subcontractors and suppliers. Many of these entities will find themselves left short of payments owed by the insolvent company.

First Law of the Jungle – Know who you are dealing with!

When procuring a construction contract, the first process when considering a contractor or sub-contractor is due diligence. On a daily basis when dealing with dispute enquiries, time after time we see problems from the very start as we explore the identity and status of the parties for legal proceedings, conflicts of interest, creditworthiness and solvency.

Liability for Construction Defects – Practical Considerations

Defects in construction works amount to a breach of contract entitling the employer to damages. HW Nevill (Sunblest) v William Press and Son (1981). In the absence of defects clause the Employer is entitled to damages, period, for any unremedied defects.

Contract Administrators - What to Consider

Is your construction contract being administered properly? Read our blog on what you need to consider when selecting a Contract Administrator or Employer’s Agent.

Illegal VAT Invoice Payment Clauses

In our latest blog we explore the common practice of clauses that require a valid VAT invoice in order to trigger the payment process. These clauses are illegal as are many other clauses imposing conditions for payment.

The end of unscrupulous claims?

In the case of Bellway Homes Ltd v Surgo Construction Ltd on 9th January 2024 some clarity has been established in the ever-controversial aspect of “smash and grab” adjudications and “true value” adjudications. In this case the adjudicator was asked to make an order for payment on a “smash and grab” default basis or alternatively on a “true value” basis. The adjudicator found that the “smash and grab” argument failed and the “true value” succeeded, which resulted in a payment of £148,431.70 plus VAT and interest.

Construction Project Delays

In this blog, we will delve into how Arbicon can help you navigate the challenges of construction delays.

Arbicon Website Relaunch: Now Live!

Arbicon are thrilled to announce the launch of our brand-new website!