Uncertainties after Grove v S&T

Table of contents

• Previous position
• Present departure
• A defence of true value
• When to refer a dispute on true value
• Timing of the adjudication
• TCC’s approach
• Other practical considerations
• Conclusion

Article summary

Construction analysis: 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 a necessary precondition to referring a dispute 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.