Galliford Try Building Ltd v Estura Ltd [2015] EWHC 412 (TCC) – Law Journals

Construction focus: A significant stay on ‘smash and grab’ adjudication

Jamil Sanaullah explores the established case law, as well as a recent decision, which provides helpful guidance on the circumstances in which the court will grant a stay of enforcement of an adjudication award The strict application of the statutory provisions has led many contractors to take advantage of a procedural error by the developers …

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Construction focus: The end of smash and grab?

Can an employer who fails to serve a payment or pay less notice still bring a second adjudication to determine the value of the relevant work, even where it has paid the amount stated in the interim application? John Starr investigates ‘It was not controversial that, if an employer served a payment notice or a …

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Construction Focus: Smash and grab

John Starr investigates whether ‘smash and grab’ adjudications relating to a final account should be reconsidered by another adjudicator ‘In this case, the Court of Appeal decided that the employer’s failure to serve a pay less notice had limited consequences. It merely meant that the employer had to pay the full amount shown on the …

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Construction: Pay now argue later

Matthew Collingwood-Cooper and Mike Trodden look at the operation of pay less notices in construction contracts ‘A paying party who has failed to issue a pay less notice is left with some uncertainty as to when it is entitled to challenge the valuation of an interim account.’In Harding v Paice [2015], the Court of Appeal …

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Construction Trends: Keeping an eye on the ball

Riaz Hussain examines legal and litigation trends for construction in the year ahead ‘Although in most respects the Supreme Court is not saying anything new [in Arnold v Britton], the emphasis of the majority’s view claws back from some of the more purposive approaches taken in recent cases. The impact of this decision on construction …

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