Rely on the most comprehensive, up-to-date legal content designed and curated by lawyers for lawyers
Work faster and smarter to improve your drafting productivity without increasing risk
Accelerate the creation and use of high quality and trusted legal documents and forms
Streamline how you manage your legal business with proven tools and processes
Manage risk and compliance in your organisation to reduce your risk profile
Stay up to date and informed with insights from our trusted experts, news and information sources
Access the best content in the industry, effortlessly — confident that your news is trustworthy and up to date.
Find up-to-date guidance on points of law and then easily pull up sources to support your advice with Lexis PSL
With over 30 practice areas, we have all bases covered. Find out how we can help
Our trusted tax intelligence solutions, highly-regarded exam training and education materials help guide and tutor Tax professionals
Regulatory, business information and analytics solutions that help professionals make better decisions
A leading provider of software platforms for professional services firms
In-depth analysis, commentary and practical information to help you protect your business
LexisNexis Blogs shed light on topics affecting the legal profession and the issues you're facing
Legal professionals trust us to help navigate change. Find out how we help ensure they exceed expectations
Lex Chat is a LexisNexis current affairs podcast sharing insights on topics for the legal profession
Discuss the latest legal developments, ask questions, and share best practice with other LexisPSL subscribers
What appears to be the last case decided in the TCC by Coulson J prior to his elevation to the Court of Appeal has already attracted widespread comment. Louis Zvesper, of Hardwicke Chambers, considers some of the uncertainties and practical implications arising from this decision, including whether payment of the notified sum is anecessary precondition to referring adispute on the true value of the works to adjudication, and what tactics parties might now employ to seek to minimise further the impact of unwanted smash and grab adjudications.
Grove v S&T departs from the previous decisions of ISG v Seevic and Galliford Try v Estura (and those cases which rely upon them, such as Kersfield v Bray) by deciding that aparty to aconstruction contract can refer the true value of an interim payment to adjudication, whether or not the appropriate notices have been served. For asummary of the facts and other findings of the case, subscribers to LexisPSL Construction can also access the following News Analysis: Failure to give apayment or pay less notice—a change of approach (Grove Developments v S&T).
Click here for afree trial of LexisPSL Construction.
Prior to Grove, the position had been that where an employer had failed to serve apayment notice or pay less notice, it could not adjudicate on the true value of that interim payment. It had to pay the sum set out in the contractor’s payment application, and could not revisit this amount until the next interim payment or in the final account. The reasoning behind this was that in the absence of any disagreement by way of notices from the employer, it was deemed to have agreed the notified sum, and so there was no dispute to be referred to adjudication.
An employer could, however, make up for overpayments on subsequent payment cycles – but towards the end of
Access this article and thousands of others like it free by subscribing to our blog.
Read full article
Already a subscriber? Login
0330 161 1234