In this webinar, Damian was joined by David Sawtell of 39 Essex Chambers and Adam Beaumont of Exchange Chambers for a look at adjudication in construction, both in the UK and around the world.
The main topic was smash and grab adjudication. This occurs when a payment application goes unchallenged because no payment notice or pay-less notice is issued, meaning the applicant becomes entitled to the full amount claimed.
While this mechanism has undoubtedly improved cash flow for contractors, Damian noted concerns that the practice has, at times, strayed from Latham’s original vision. There are growing examples where parties claim payments without fully backing them up with completed work, leading some to call for a rethink.
Topics Covered
- What is “smash and grab” adjudication, and how does it function in the context of payment applications?
- Has the current practice of “smash and grab” adjudication moved away from what Sir Michael Latham intended?
- What needs to change regarding adjudication processes, particularly concerning the issues of manifest injustice or natural justice?
- How should parties safeguard their payments in the event of flawed adjudication decisions?
- Do the processes of statutory and contractual adjudication effectively complement each other, and what are the benefits and challenges therein?
- What role does contract drafting play in avoiding disputes related to payment notices or adjudication decisions?
- What is the current state regarding linking payment notices and VAT notices in adjudications?
- How does the adjudication process in the UK compare with approaches in jurisdictions like South Africa?
Watch the full webinar here on Damian James’ YouTube channel.
Speakers
David Sawtell
David specialises in substantial construction, infrastructure, private finance initiative (PFI) and property disputes, as well as commercial dispute resolution. He is an acknowledged expert in building safety disputes: he has acted in a number of the most important ground-breaking and high-profile cases.
He acts as leading counsel (leading other juniors), alone and in led work. David brings both an academic mind and a practical approach to his cases. His clients appreciate his robust advocacy allied to his user-friendly manner.
Adam Beaumont
Adam joined Exchange Chambers having previously worked at three international law firms as an employed barrister. As such, Adam has extensive experience acting for clients in complex, high-value matters.
Adam has particular expertise in construction disputes, commercial litigation, ADR, professional negligence and insurance. Recent instructions include: