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Smash And Grab Adjudication
Construction projects can be exciting ventures, but they can also turn into battlegrounds, especially when payment disputes arise. If the other party isn’t paying what they owe for completed work, you might be considering “smash and grab” adjudication. This might sound aggressive, but it’s a legal process designed to get you the money you’re owed quickly and efficiently.
Here at Blackstone Solicitors, we understand the frustration of not being properly paid. This article will explain what smash and grab adjudication is, when it can be used, and how Blackstone Solicitors can help you navigate the process.
Free Initial Telephone Discussion
For a free initial discussion with a member of our New Enquiries Team, get in touch with us today. We are experienced in dealing with all the legal aspects of smash and grab claims in construction, and once instructed, we will review your situation and discuss the options open to you in a clear and approachable manner. Early expert legal assistance can help ensure you are on the best possible footing from the start and also avoid the stress of dealing with these issues on your own. Simply call us on 0345 901 0445 or click here to make a free enquiry and a member of the team will get back to you.
What is Smash and Grab Adjudication?
Imagine a situation where you’re completing your end of the bargain on a construction project. You’ve submitted a proper payment application, but the other party hasn’t paid you or issued a valid payment notice or a pay less notice. This is where smash and grab adjudication comes in.
It’s a fast-track dispute resolution process used to recover unpaid monies owed under a construction contract. Here’s the key element:
- Focus on Payment, Not Valuation: Unlike a traditional adjudication, a smash and grab adjudication doesn’t delve into the nitty-gritty of the work’s actual value. It solely focuses on whether you submitted a valid payment application and the other party failed to pay or issue a proper response within the stipulated timeframe.
Think of it like this: You submitted payment application for the work you did. The other party either didn’t pay or issued an invalid payment notice or pay less notice or was out of time in doing so. Smash and grab adjudication allows you to argue that, based on the contract and proper procedures, you are entitled to be paid the amount of the payment application.
Is Smash and Grab Right for You?
While it sounds like a silver bullet, smash and grab adjudication isn’t always the answer. Here are some things to consider before “pressing the button”:
- Valid Payment Application: The cornerstone of a successful smash and grab claim is a valid payment application.
- Contractual Terms: The payment application must be submitted according to the terms of your construction contract and be properly detailed.
- Potential for Future Disputes: While a smash and grab adjudication can get you paid quickly, it doesn’t address the actual value of the work completed. This means you might still have to engage in a traditional adjudication (a true value adjudication) later to determine the final value of the works if there are any disagreements as to value.
Feeling Stuck? Blackstone Solicitors Can Help!
If you’re facing unpaid payment applications and considering smash and grab adjudication, here’s how Blackstone Solicitors can be your champion:
- Contract Review: Our solicitors will meticulously examine your construction contract to determine if smash and grab adjudication is an available option and what specific procedures need to be followed.
- Preparing Your Case: We’ll guide you through the process of preparing a strong case for adjudication, ensuring your payment application was valid and the contractor’s response (if any) was non-compliant.
- Expert Representation: Blackstone Solicitors will represent you throughout the adjudication process, ensuring your rights are protected and your arguments are presented effectively.
- Negotiation and Mediation: In some cases, negotiation or mediation might be a more suitable approach. We’ll explore all options to achieve a fair and efficient resolution.
The Power of Knowing Your Rights
Smash and grab adjudication can be a powerful tool for recovering unpaid construction monies quickly. However, it’s crucial to understand its limitations and ensure you have a valid claim before proceeding.
Blackstone Solicitors are here to guide you through the process, offering expert advice and representation to ensure you get the payment you deserve. Contact us today for a consultation, and let’s work together to get your construction project back on track.
How we can help
We have a proven track record of helping clients deal with smash and grab claims. We will guide you diligently and ensure all checks are carried out swiftly and efficiently and we firmly believe that with the right solicitors by your side, the entire process will seem more manageable and far less daunting. You can read more about the range of construction law services we offer by clicking here: https://blackstonesolicitorsltd.co.uk/construction-solicitors/
How to Contact Our Construction Solicitors
It is important for you to be well informed about the issues and possible implications of a smash and grab claim. However, expert legal support is crucial in terms of ensuring a positive outcome to your case.
To speak to our construction team today, simply call us on 0345 901 0445, or click here to make a free enquiry. We are well known across the country and can assist wherever you are based. We have offices in Cheshire and London.
