Successfully defending a high value ‘smash and grab’ adjudication on the basis of challenging validity of interim application

We acted for our client in connection with a dispute arising from a complex project involving the refurbishment and conversion of a number of buildings into new classrooms and staff facilities at an independent school.

The other side was a leading UK contractor and the client started from a position of serious weakness, as a result of no valid Pay Less notice having been issued by the client’s professional team. The client instructed us when they were faced with a seven figure “smash and grab” adjudication by the contractor.

We fought the adjudication hard and successfully defended the claim on the basis of defects in the interim application itself. We persuaded the adjudicator that since the interim application in and of itself was not valid, it followed that the default consequences flowing from the absence of a valid Pay Less notice could not follow, thus giving our client a complete defence to the “smash and grab” claim.

Having obtained a position of considerable strength, we have assisted with final account negotiations. This has resulted in the resolution of outstanding defects, provision of outstanding documentation and a very substantial reduction in the contractor’s claims and the full resolution of the matter without further formal dispute resolution steps becoming necessary.