Resolving Construction Payment Disputes

Yes, we offer free consultations to clients during which you will discuss your construction dispute with one of our expert construction lawyers to determine the scope of the issue, the solutions and how we may be able to assist in achieving the best outcome for you.construction-related

Our expert lawyers are experienced in both contentious and non-contentious construction related issues and will be able to provide you with expert advice on your concern. Please do not hesitate to book a Free Consultation with one of our lawyers today on 0207 459 4037.

A Payment Application in construction is essentially a formal request for a specified sum of money, submitted by a contractor or subcontractor, representing the value of work completed or materials supplied as per a construction contract. It is in essence an invoice raised pursuant to the construction contract detailing the amount owed by the client for the work done up to a particular stage. Disputes often arise when a Payment Application has not been submitted in accordance with the contract for example, it was late or did not include the necessary details, and similarly disputes can arise where the amount of the payment application is too high and does not represent the true value of the work undertaken. Payment disputes are very common in construction disputes.

Case Example: Client A engaged a contractor to build a commercial complex. After completing the foundational work, the contractor issued a Payment Application to Client A, seeking payment for the groundwork, materials used, and other associated costs.

Our expert construction lawyers extensive experience and success in resolving payment disputes quickly and cost effectively to ensure that the project is not delayed and cash flow is not impacted by any dispute with a client or sub-contractor. It is important to act fast when disputes arise. Please do not hesitate to call us for a Free Consultation today on 0207 459 4037.

No. Not every construction contract explicitly demands Payment Applications but they are common in projects operating under standard form contracts or where there is a phased approach to the construction process. Their primary utility is to ensure clarity regarding payments at different stages of the project, assist with cash flow while works are ongoing and prevent disputes.

Case Example: Client A had a small renovation project. The agreement stipulated a lump sum payment upon completion, eliminating the need for periodic Payment Applications. However, in a separate, larger project, Payment Applications were routinely issued to detail the work stages and associated costs.

The purpose is twofold:

• Financial Management: It aids in managing cash flow for both parties, ensuring contractors/subcontractors get paid for their work and clients can budget and track expenses.
• Progress Tracking: Payment Applications serve as a record of the project’s progress, indicating which stages have been completed.

Case Example: Client A undertook a construction project spanning 1 year. Payment Applications were submitted monthly, helping Client A to track the progress made each month and plan their finances accordingly.

The frequency is usually determined by the construction contract which is explicit about when payment applications must be submitted for certification by the client. Common practices include monthly submissions or after reaching specific milestones. Some contracts might stipulate other frequencies, such as bi-monthly or quarterly.

Case Example: For Client A’s office building project, the contract specified Payment Applications to be made every two months. However, for a different project with more rapid progress stages, they received monthly Payment Applications, aligning with the project’s fast-paced nature. It is important to remember that payment applications must be submitted as per the contract with the client and on time in order to avoid disputes.

A comprehensive Payment Application should contain:

• Project Details: Including the project’s name, location, and relevant contract references.
• Applicant Information: Details of the contractor or subcontractor making the request.
• Description of Work: Detailed breakdown of the work completed or materials supplied during the period.
• Amount Requested: The total amount being claimed, including any previous unpaid sums.
• Supporting Documents: Such as photographs, timesheets, receipts, or any other evidence substantiating the claim.
• Payment Terms: Details regarding due dates, applicable interest rates for late payments, and banking details.

Case Example: When Client A received a Payment Application, it included a detailed list of all tasks accomplished that month, photographs of the finished sections, itemised costs, and the total sum due, ensuring transparency and clarity.

Our expert construction lawyers have extensive experience and success in resolving payment disputes quickly and cost effectively to ensure that the project is not delayed and cash flow is not impacted by any dispute with a client or sub-contractor. It is important to act fast when disputes arise. Please do not hesitate to call us for a Free Consultation today on 0207 459 4037.

While the specific timeframe can vary based on the contract’s terms, a common practice in the construction industry is for the client or main contractor to respond within a month. However, this can be shorter or longer depending on the project’s nature and the contractual arrangements.

Case Example: In a project for Client A, the contract specified a 14-day window for responding to Payment Applications, ensuring swift financial transactions and project momentum.

If a Payment Application is disputed, the party raising the dispute (typically the client or main contractor) must provide clear reasons for the disagreement, often through a Pay Less Notice. If it is rejected without proper justification, it could lead to breach of contract claims. Parties are encouraged to resolve disputes amicably, but if that’s unattainable, other dispute resolution methods, such as mediation, arbitration, or adjudication, may be sought.

Case Example: Client A disputed a Payment Application, believing the claimed amount was inflated. They issued a Pay Less Notice detailing their reasons. After discussions and clarifications, both parties reached an agreement, avoiding prolonged disputes.

Our expert construction lawyers have extensive experience and success in resolving payment and breach of contract disputes quickly and cost effectively to ensure that the project is not delayed and cash flow is not impacted by any dispute with a client or sub-contractor. It is important to act fast when disputes arise. Please do not hesitate to call us for a Free Consultation today.

Under the UK’s Housing Grants, Construction and Regeneration Act 1996, if a contractor or subcontractor is not paid by the due date and no effective Pay Less Notice has been served, they may have the right to suspend their work. However, they must give at least seven days’ notice of their intention to suspend. It is crucial to seek legal advice before taking such a step.

Case Example: When Client A delayed a payment without issuing a valid Pay Less Notice, the contractor, after serving the necessary notice and waiting for the stipulated period, legally suspended the work until the dispute was resolved.

Yes, the UK’s Housing Grants, Construction and Regeneration Act 1996, commonly referred to as the Construction Act, provides statutory requirements for payment in construction contracts. This legislation introduces the right to stage payments, the right to suspend for non-payment, and the requirement for a mechanism in the contract that details how amounts due are calculated and paid. If a construction contract does not have such a mechanism, the Scheme for Construction Contracts applies by default.

Case Example: Client A had a project where the contract did not clearly stipulate payment terms. In this instance, the Scheme for Construction Contracts was automatically applied to ensure both parties adhered to statutory payment requirements.

Yes. If a party (usually the employer or main contractor) disputes the amount claimed in a Payment Application, they can challenge it by issuing a ‘Pay Less Notice’. This notice must clearly outline the reasons for paying less than the claimed amount and provide a detailed calculation of the sum the party believes is due.

Case Example: On one of Client A’s projects, a subcontractor’s Payment Application seemed excessive. Client A’s team, after thorough evaluation, issued a Pay Less Notice detailing the areas of discrepancy, leading to further discussions and eventual resolution.

Our expert construction lawyers have extensive experience and success in resolving payment disputes quickly and cost effectively to ensure that the project is not delayed and cash flow is not impacted by any dispute with a client or sub-contractor. It is important to act fast when disputes arise. Please do not hesitate to call us for a Free Consultation today.

Yes, there is a distinct difference. Payment Applications are formal requests for payment for work completed or materials supplied. Interim valuations, on the other hand, are assessments typically carried out by quantity surveyors to determine the value of work done at specific stages of the project. While Payment Applications are requests for payment, interim valuations are used to validate or assess the value of such claims.

Case Example: For Client A’s multi-stage construction project, interim valuations were routinely carried out. When a contractor submitted a Payment Application, it was cross-referenced with the interim valuation to ensure accuracy.

A Pay Less Notice serves as a formal declaration by a party (often the employer or main contractor) stating they intend to pay less than the amount claimed in a Payment Application. The notice must clearly specify the sum the party considers to be due and the basis for calculation. It acts as a safeguard, ensuring parties are not unjustly overcharged.

Case Example: Client A received a Payment Application that seemed to include costs for uncompleted works. To address this, they promptly issued a Pay Less Notice detailing the contested charges, which allowed for transparent discussions on the amounts due.

Our expert construction team has extensive experience and success in resolving payment disputes quickly and cost effectively to ensure that the project is not delayed and cash flow is not impacted by any dispute with a client or sub-contractor. It is important to act fast when disputes arise. Please do not hesitate to call us for a Free Consultation today.

Improving the accuracy and efficiency of Payment Applications often involves a combination of thorough documentation, using advanced software tools tailored for the construction industry, and ensuring regular communication between all parties. Regular training sessions and staying updated on industry best practices can also play a pivotal role in avoiding construction disputes.

Yes. Failing to respond to a Payment Application can lead to an assumption that the full amount applied for is agreed upon and certified. If there is no Pay Less Notice or response, the paying party may be legally bound to pay the claimed amount in its entirety. Additionally, not responding or unjustly delaying a Payment Application can also give the contractor or subcontractor the right to suspend works until payment is made.

Case Example: Client A neglected a Payment Application, leading to the subcontractor halting work. Our lawyers stepped in to mediate the situation, emphasising the importance of timely responses in future dealings; Client A was able to recover over £1.3m in respect of the payment applications.

Our experienced construction dispute resolution lawyers can provide clarity on the rights and obligations of both parties, help in drafting Pay Less Notices, assist in mediations or negotiations to amicably resolve disputes, and represent parties in legal proceedings if required.

Case Example: Client A faced a significant dispute over a Payment Application amount. Our lawyers offered guidance, represented Client A in negotiations, and managed to secure a favourable outcome without resorting to litigation.

Our expert construction team has extensive experience and success in resolving payment disputes quickly and cost effectively to ensure that the project is not delayed and cash flow is not impacted by any dispute with a client or sub-contractor. It is important to act fast when disputes arise. Please do not hesitate to call us for a Free Consultation today.

Payment Applications pertain to periodic requests for payment for work done or materials provided, often linked to milestones or project phases. In contrast, a Final Account represents the cumulative total of all costs and payments at the project’s conclusion, detailing the final agreed amount between parties.

Case Example: For a project Client A was involved in, periodic Payment Applications were submitted throughout the construction. Once the project was nearing completion, a comprehensive Final Account was drawn up to reconcile all payments and costs.

Typically, once a Payment Application is submitted, it should not be altered without clear communication and agreement between parties. However, in cases where errors are detected, both parties can mutually consent to revisions or amendments. It is vital to ensure that all changes are documented and transparently communicated.

Case Example: Client A’s contractor submitted a Payment Application but later realised an error. Both parties, with our lawyers’ assistance, revisited the application, made necessary amendments, and proceeded without disputes.

When a Payment Application is wrongfully withheld or delayed, the following steps can be undertaken:

1. Communication: Begin by discussing the matter directly with the party responsible for the payment.
2. Review the Contract: Ensure you understand the terms related to payment, including any specific timelines or conditions.
3. Issue a Reminder: If initial communication fails, a formal reminder or notice of the overdue payment can be sent.
4. Alternative Dispute Resolution (ADR): Consider mediation or adjudication as an avenue for resolution.
5. Legal Action: If other steps fail, seeking legal advice and potentially pursuing a claim might be necessary.

Case Example: When Client A faced a significant delay in receiving a payment, our team was approached. We began by initiating discussions with the payer, and eventually, after issuing a formal notice, managed to secure the payment without resorting to litigation.

Our expert construction team has extensive experience and success in resolving payment disputes quickly and cost effectively to ensure that the project is not delayed and cash flow is not impacted by any dispute with a client or sub-contractor. It is important to act fast when disputes arise. Please do not hesitate to call us for a Free Consultation today.

Yes, construction contracts typically have specific provisions that detail the procedure, frequency, content, and timelines for Payment Applications. It is imperative to review the contract thoroughly to understand these clauses.

Case Example: Client A overlooked certain contractual provisions related to Payment Applications and faced disputes. Our team reviewed the contract and advised on the necessary steps to comply, thus avoiding potential legal issues.

Yes, construction contracts typically have specific provisions that detail the procedure, frequency, content, and timelines for Payment Applications. It is imperative to review the contract thoroughly to understand these clauses.

Case Example: Client A overlooked certain contractual provisions related to Payment Applications and faced disputes. Our team reviewed the contract and advised on the necessary steps to comply, thus avoiding potential legal issues.

Our expert construction lawyers offer services in:

1. Drafting and Reviewing: Ensuring that Payment Applications are comprehensive and compliant with contractual terms.
2. Advice: Providing clarity on rights and obligations regarding Payment Applications.
3. Dispute Resolution: Assisting in resolving disagreements related to Payment Applications, whether through negotiation, mediation, adjudication, or litigation.

Case Example: Client A was uncertain about the validity of a disputed Payment Application. Our lawyers reviewed the application, provided insight on the discrepancies, and represented Client A in successful negotiations with the other party.

Our expert construction team has extensive experience and success in resolving payment disputes quickly and cost effectively to ensure that the project is not delayed and cash flow is not impacted by any dispute with a client or sub-contractor. It is important to act fast when disputes arise. Please do not hesitate to call us for a Free Consultation today.

A Pay Less Notice in a construction contract is a formal document issued by the party responsible for payment (often the employer or main contractor) indicating their intention to pay less than the amount applied for in a Payment Application. It must specify the amount they intend to pay and the basis for calculating this amount.

Case Example: Client A, a subcontractor, received a Pay Less Notice that they believed was unjustified. Our team examined the notice and contract, guiding Client A through the necessary steps to challenge and ultimately rectify the situation.

A Pay Less Notice is typically issued when the party responsible for payment (often the employer or main contractor) believes that the amount claimed in a Payment Application is excessive, incorrect, or not due for some other reason. The notice signifies their intention to pay less than the sum applied for. It is commonly used to address concerns about work quality, potential contractual breaches, or disputes about the scope of work.

Case Example: Client A submitted a Payment Application for completed works. However, the main contractor believed some of the work was sub-standard and issued a Pay Less Notice to reflect deductions for remedial works.

Under the UK’s Housing Grants, Construction and Regeneration Act 1996 (as amended), if a paying party intends to pay less than the notified sum, they must serve a Pay Less Notice before the final date for payment. The contract itself might have specific provisions on this, but the statutory requirement provides a minimum standard.

Case Example: When Client A’s employer failed to issue a Pay Less Notice and deducted amounts, our team successfully advised Client A on their entitlement to the full sum, given the employer’s non-compliance with statutory requirements.

If the paying party fails to issue a Pay Less Notice and does not pay the full amount applied for in a Payment Application, they could be in breach of contract and the Construction Act. This may entitle the payee (often the contractor or subcontractor) to the full sum applied for, irrespective of any disputes over the amount’s legitimacy.

Case Example: Client A faced deductions without the receipt of a Pay Less Notice. Our lawyers guided them in enforcing their right to the entire applied amount due to the paying party’s oversight.

Yes, a contractor can challenge a Pay Less Notice. The basis for challenge can range from disputing the reasons provided in the notice to arguing about the valuation of work. The contract may set out specific procedures for challenging a Pay Less Notice, and alternative dispute resolution methods like adjudication can be used.

Case Example: Client A approached us after deeming a Pay Less Notice unjust. Through negotiations and a robust challenge, our team secured a favourable settlement for Client A.

A Pay Less Notice should provide a clear breakdown of:

1. The amount considered due by the paying party.
2. The basis on which that amount is calculated.
3. Any deductions or set-offs being made from the claimed amount.

The notice should be clear, concise, and provide sufficient detail to allow the payee to understand the reasons for the reduced payment.

Case Example: Client A received a vague Pay Less Notice. Our team analysed it, identified its deficiencies, and assisted in challenging the notice due to its lack of clarity.

Yes, a Pay Less Notice can be issued electronically, provided the construction contract allows for electronic communications. However, it is essential to ensure that electronic notices are sent to the correct designated email address or electronic communication method specified in the contract. While a physical signature is traditional, it may not be required if the contract accepts digital communications.

Case Example: Client A received an electronic Pay Less Notice. Doubting its validity, they consulted us. After reviewing the contract, our team confirmed that the notice complied with the electronic communication stipulations.

Yes, there are time limits. The specific deadline for issuing a Pay Less Notice should be outlined in the construction contract. If not specified, the Housing Grants, Construction and Regeneration Act 1996 sets default requirements, usually requiring the notice to be served before the final date for payment.

Case Example: Client A’s employer served a Pay Less Notice after the stipulated time frame. With our guidance, Client A successfully disputed the late notice and claimed the full payment.

Our expert construction solicitors have extensive experience and success in resolving payment disputes quickly and cost effectively to ensure that the project is not delayed and cash flow is not impacted by any dispute with a client or sub-contractor. It is important to act fast when disputes arise. Please do not hesitate to call us for a Free Consultation today.

Yes, multiple Pay Less Notices can be issued, corresponding to different Payment Applications or stages of work. Each notice should relate specifically to the payment or work it addresses.

Case Example: During a phased project, Client A received several Pay Less Notices relating to different stages. Our lawyers assisted in addressing each notice separately, ensuring a fair evaluation.

While both are used to indicate an intention to pay less than the sum applied for, the terminology has evolved. Historically, under the old form of the Construction Act, the term “Withholding Notice” was used. However, amendments introduced in 2009 replaced “Withholding Notices” with “Pay Less Notices.” Functionally, they serve a similar purpose, but the newer term is now the standard.

Case Example: Client A received what was termed a “Withholding Notice” in 2021. They approached us, and we explained the outdated terminology, advising them on its equivalence to a Pay Less Notice.

If a party disagrees with a Pay Less Notice, they can:

1. Review the construction contract to ensure they understand their rights and obligations.
2. Communicate directly with the issuing party to resolve any misunderstandings or discrepancies.
3. If direct communication does not resolve the matter, consider mediation or another alternative dispute resolution (ADR) method.
4. In situations where resolution cannot be achieved, parties can consider formal legal proceedings or adjudication.

Case Example: When Client A disagreed with a Pay Less Notice, our firm guided them through a negotiated resolution, avoiding costly legal proceedings.

Our expert construction solicitors in London have extensive experience and success in resolving payment disputes quickly and cost effectively to ensure that the project is not delayed and cash flow is not impacted by any dispute with a client or sub-contractor. It is important to act fast when disputes arise. Please do not hesitate to call us for a Free Consultation today on 0207 459 4037.

Once issued, a Pay Less Notice is binding unless both parties mutually agree to its withdrawal or amendment. To change the notice, clear written communication between parties is crucial to ensure that any amendments are documented and understood by both sides.

Case Example: Client A received a Pay Less Notice that the payer later realized was issued in error. With our mediation, both parties reached an agreement to amend the notice, preventing future disputes.

Yes, incorrectly issuing a Pay Less Notice can lead to potential legal consequences. The contractor or receiving party could dispute the notice, potentially leading to adjudication or litigation. If the notice is found to be invalid, the paying party might have to pay the full amount claimed or face interest and costs.

Case Example: A client approached our construction lawyers after their contractor challenged their incorrectly issued Pay Less Notice. Our team assisted in negotiating a settlement, minimising potential legal consequences.

Securing legal advice ensures that:

1. You understand your contractual and legal rights.
2. You get guidance on the validity of a Pay Less Notice.
3. You benefit from expert navigation through dispute resolution mechanisms, be it mediation, adjudication, or litigation.
4. You avoid pitfalls and common mistakes that can lead to prolonged disputes and financial loss.

Case Example: When Client A faced multiple Pay Less Notices from different projects, our lawyers provided comprehensive advice, allowing them to address each notice effectively and maintain their project timelines.

Our expert construction team has extensive experience and success in resolving payment disputes quickly and cost effectively to ensure that the project is not delayed and cash flow is not impacted by any dispute with a client or sub-contractor. It is important to act fast when disputes arise. Please do not hesitate to call us for a Free Consultation today.

A Pay Less Notice outlines the reasons and the amount by which a payment will be reduced from the sum originally applied for by the contractor. It provides transparency on any deductions or withholdings the payer intends to make. A Default Notice, on the other hand, is typically issued to inform a party they are in breach of the contract. It gives the defaulting party a specified period to remedy the breach.

Case Example: Client A was confused after receiving both a Pay Less Notice and a Default Notice. Our team explained the nuances of both notices and assisted in resolving the issues raised.

Yes, a contractor can challenge the validity of a Pay Less Notice if they believe it:

1. Was not issued within the contractual or statutory time frames.
2. Does not sufficiently detail the basis for the reduced payment.
3. Contains miscalculations or errors.

Case Example: After receiving a Pay Less Notice, Client A sought our expertise. We determined the notice lacked proper justification and helped challenge its validity; our lawyers were able to recover over £2m for the client plus 100% cost towards our clients legal costs, interest and late penalty fees.

Our expert construction lawyers extensive experience and success in resolving payment disputes quickly and cost effectively to ensure that the project is not delayed and cash flow is not impacted by any dispute with a client or sub-contractor. It is important to act fast when disputes arise. Please do not hesitate to call us on 0207 459 4037 for a Free Consultation today or complete our online booking form.

To demonstrate compliance:

1. Maintain clear records of all communications, including dates of issuance and receipt.
2. Use traceable means of delivery, such as recorded post or email with read receipts.
3. Refer to the specific clauses in the contract which set out the timing requirements.

Case Example: When Client A’s Pay Less Notice was contested for timing, they were able to provide evidence of electronic communications, proving timely issuance.

Yes, in many jurisdictions, specific legislation governs the use of Pay Less Notices. In the UK, for instance, the Housing Grants, Construction and Regeneration Act 1996 (as amended by the Local Democracy, Economic Development and Construction Act 2009) stipulates requirements around Pay Less Notices.

Case Example: A dispute arose when Client A’s contractor claimed non-compliance with statutory requirements in the Pay Less Notice. With our guidance, Client A demonstrated adherence to the relevant legislation, preventing potential penalties.

A construction adjudicator provides a temporary binding resolution for disputes, including those revolving around Pay Less Notices. If there is a disagreement about the validity or amount specified in a Pay Less Notice, the adjudicator assesses the facts, contract terms, and applicable laws to make a prompt decision.

Case Example: Client A disagreed with a Pay Less Notice they received. They took the matter to adjudication, and with the assistance of our expert lawyers, they were able to secure a favourable decision.

“Smash and Grab” Adjudication refers to a strategy where the payee claims the full amount of a payment notice or application because the payer failed to serve a valid Pay Less Notice or Payment Notice in time. It focuses on the procedural failure rather than the substantive value of the work done.

Case Example: Client A, a contractor, had not received a valid Pay Less Notice in response to their submitted Payment Application. Using the “Smash and Grab” strategy, they quickly initiated adjudication and secured the full payment.

Our expert construction team has extensive experience and success in resolving payment disputes quickly and cost effectively to ensure that the project is not delayed and cash flow is not impacted by any dispute with a client or sub-contractor. It is important to act fast when disputes arise. Please do not hesitate to call us for a Free Consultation today.

Yes, the time limits depend on the specific contract terms and any applicable statutory requirements. It is essential to act promptly upon realizing a valid Pay Less Notice has not been served. Otherwise, you risk losing the opportunity for a “Smash and Grab” adjudication.

Case Example: After advising Client A on the time constraints, they acted swiftly, initiating a “Smash and Grab” adjudication within the requisite period and safeguarding their payment rights. Our lawyers were able to recover significant financial sums for the subcontractor.

A Smash and Grab Adjudication should be used when:

1. A payer fails to provide a valid Pay Less Notice or Payment Notice in response to a Payment Application.
2. The payee seeks a quick resolution and aims to leverage the procedural oversight to secure payment.
3. It is strategically beneficial to resolve the payment issue before delving into more extensive dispute resolution processes.

Our expert construction dispute lawyers have extensive experience and success in resolving payment disputes quickly and cost effectively to ensure that the project is not delayed and cash flow is not impacted by any dispute with a client or sub-contractor. It is important to act fast when construction disputes arise. Please do not hesitate to call us for a Free Consultation today on 0207 459 4037.

Smash and Grab Adjudication:

A “Smash and Grab” Adjudication capitalises on a procedural failure of the other party, specifically when a payer fails to provide a valid Pay Less Notice or Payment Notice in response to a Payment Application. In such situations, the payee can claim the entire amount they applied for, even if the true value of the work might be different.

The emphasis in a “Smash and Grab” Adjudication is on the procedural oversight rather than the actual value of the works completed.

Case Example: Client A, a contractor, submitted a Payment Application for £100,000. The client did not issue a valid Pay Less Notice in response. Even if the actual value of the work done by Client A might be argued to be less than £100,000, Client A can use a “Smash and Grab” Adjudication to claim the full £100,000 based on the procedural oversight.

True Value Adjudication:

A “True Value” Adjudication focuses on determining the actual or ‘true’ value of the work undertaken. This involves a more detailed assessment and evaluation of the work done, materials supplied, and any other claims or counterclaims that might affect the final amount to be paid.

The emphasis in a “True Value” Adjudication is on the substantive value of the work rather than any procedural shortcomings.

Case Example: Client B, a contractor, submitted a Payment Application for £150,000. The client disputes this, believing the true value to be £120,000 due to perceived defects and the quality of the work. They initiate a “True Value” Adjudication to determine the actual value of the work, leading to a detailed assessment by the adjudicator, who then determines the correct value.

In essence, while a “Smash and Grab” Adjudication focuses on capitalising on procedural lapses to claim payment, a “True Value” Adjudication seeks to determine the correct value of the work performed. However, it is worth noting that recent Court decisions have suggested that after a “Smash and Grab” decision, a payer can subsequently initiate a “True Value” Adjudication to determine the actual value of works.

Our expert construction dispute lawyers have extensive experience and success in resolving payment disputes quickly and cost effectively to ensure that the project is not delayed and cash flow is not impacted by any dispute with a client or sub-contractor. It is important to act fast when disputes arise. Please do not hesitate to call us for a Free Consultation today on 0207 459 4037.