The end of smash and grab? | Construction Bar Association

Is “smash and grab” dead in Irish construction law? The High Court has spoken. In this episode of the Construction Bar Association’s podcast, James Burke SC and Jonathan Fitzgerald BL break down the landmark Tender Bids (No. 2) decision and what it means for adjudication, fair procedures, and the future of payment disputes. They explain how Tender Bids (No. 1)—the first High Court decision involving Tender Bids Ltd and the employer—refused enforcement of an adjudicator’s decision on jurisdictional grounds, before turning to the much‑anticipated Tender Bids (No. 2) ruling. Delivered by Mr Justice Simons in January 2026, Tender Bids (No. 2) directly addressed whether an adjudicator can make a default (“smash and grab”) payment award where a payment claim notice was not responded to within 21 days. Mr Justice Simons has now clarified in Tenderbids Limited t/a Bastion v Electrical Waste Management [2026] IEHC 5 that no such default entitlement exists. “Smash and grab” adjudications—familiar under the equivalent UK legislation—are not a feature of the Construction Contracts Act 2013. The episode explains why default payment claims no longer exist under Irish construction law and what practitioners must do next.