Nick Kaplan successful in payment adjudications case of Bellway Homes v Surgo Construction

9th January 2024

3PB construction barrister Nick KaplanNick KaplanCall: 2013 recently acted as sole counsel for Bellway Homes in enforcement proceedings in the case of Bellway Homes Limited -v Surgo Construction Limited, before DJ Baldwin, in which judgment was handed down by the Technology and Construction Court (TCC) in Liverpool this morning. Nick was instructed by Gateley Legal.

The proceedings raised a question which frequently arises in payment adjudications, but which has until today remained undecided by the courts. In essence the question was: Can a single Adjudication Notice refer a claim for payment on both a smash and grab basis and a true value basis, or does that fall foul of the prohibition on referring multiple disputes?

Nick successfully argued that a reference which advances a true value claim in the alternative to a smash & grab claim can, if framed correctly, be brought within the confines of a single notice as two alternative routes to recovery of the same (or a single) remedy.

The judgement can be read in full here.

To contact Nick, please email him on [email protected]. To instruct him, or see about his availability, please contact his clerks Steve Evers on [email protected] or Joe Townsend on [email protected] or by calling either of them on 020 7583 8055.