Grove -v- S&T – the right to a true valuation – the story continues
Details
Grove -v- S&T has been the most talked about case in construction payment for the last 18 months. This began with the step change opinion of now Lord Justice Coulson in February 2018 and the further decision of the Court of Appeal in November 2018. The right of the payer to challenge the sum he has already paid in a smash and grab adjudication currently remains available subject to the pre-conditions being met. Whether that right will continue may now be subject to a decision of the Supreme Court as leave to appeal has been granted. If the Supreme Court does affirm the previous decisions, it is hoped that further clarification can be given at the same time – as the Court of Appeal did in its decision. In the meantime, the true valuation issue remains an active area of dispute between parties.
If you have any queries on this topic or other construction law matter, please contact a member of our construction team.
