The end of ‘Smash and Grab’ Adjudications – or is ‘the wheel still in spin’?

The Local Democracy, Economic Development and Construction Act, 2009 ("LDEDCA") says that if a valid Default Payment Notice is submitted by a Payee which is not rebutted by a valid and timeous Payment Notice or Pay Less Notice by the Payer, then the Payer is required to pay to the Payee the ‘notified sum’ as stated on the Default Payment Notice. This sets out the principle of ‘pay now – argue later’, a principle designed to protect the Payee’s cash flow.

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