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.
Arbicon provide premier construction Expert Witness services, including production of CPR35 reports, to support and strengthen your legal arguments in your construction dispute weather in court arbitration or adjudication proceedings.
The construction industry is no stranger to building defects, which can be a headache for property owners and Contractors. Defects can be anything from minor cosmetic issues to significant structural defects that compromise the safety of a building. In any case, building defects are breaches of contract and they can result in costly repairs, delayed projects and payment disputes.
As a Contractor engaging with a Building Employer or another Contractor in a Construction Contract carries risk, reducing that risk is important. The construction industry has by far the greatest number of disputes than any other industry, 95% of dispute consultants are construction related. Arbicon discuss what could go wrong in a Construction Contract and explain how to minimise these risks.
Jonathan Nugent, Managing Director of Arbicon, the leading construction contract claims consultant gives an insight and tips into 10 examples of typical onerous clauses that often appear in construction contracts. Jonathan considers the legal and practical consequences of their negative effect for the payee. Do you know what you have signed up to?