Adjudication is a fast and practical way to resolve construction disputes. It was introduced by the Housing Grants, Construction and Regeneration Act 1996 (the “Construction Act”) and supported by the Scheme for Construction Contracts (as amended) to help keep projects moving and cash flowing — often described as “pay now, argue later.”
Either party to a construction contract can start an adjudication at any time. An independent Adjudicator is then appointed to review the evidence and arguments and make a Decision, usually within 28 days.
That Decision is binding straight away, meaning it must be followed, but it can later be reviewed in litigation or arbitration if needed. The courts generally enforce Adjudicators’ Decisions quickly to keep things moving on site.
Why choose Adjudication?
- Quick resolutions – You’ll usually have a Decision within 28 days, helping to keep cash flow steady and projects on track.
- Legal right – In most construction contracts, adjudication is a right protected by law.
- Strong enforcement – Courts will back up the Decision if the other side doesn’t comply.
- Lower cost – It’s generally cheaper and faster than going to court or arbitration.
- Practical outcomes – Adjudicators are often industry specialists who understand how construction projects work in practice.
How it Works
- Start the process – The Referring Party serves a short Notice of Adjudication outlining the contract, the dispute, and what outcome they want.
- Choose the adjudicator – Within seven days, the parties agree on an Adjudicator, or one is appointed under the Scheme.
- Make your case – The Referring Party files a detailed Referral, and the other side responds. There may be further written submissions.
- Get the Decision – The Adjudicator reviews the evidence and issues a Decision within 28 days. Extensions are possible, but only in limited circumstances.
Advantages of Adjudication
- Speed – Decisions are usually delivered within 28 days, reducing disruption and keeping cash flowing.
- Cost-effectiveness – Generally cheaper than litigation or arbitration, particularly for lower- or mid-value disputes.
- Specialist decision-maker – Adjudicators are often construction or legal professionals with sector-specific expertise.
- Enforceability – Decisions are readily enforceable in the Technology and Construction Court.
- Flexibility – Adjudication can be started “at any time” during a project, without waiting for completion.
Disadvantages of Adjudication
- Temporary binding nature – The Decision may not be final; disputes can still proceed to litigation or arbitration, adding further cost.
- Compressed timelines – The 28-day timetable can make it challenging to gather detailed evidence or expert reports.
- Cost risk – Each party typically pays its own costs, even if successful, unless the adjudicator directs otherwise.
- Limited grounds of challenge – Errors of law or fact are rarely grounds to resist enforcement; challenges succeed only on narrow jurisdictional or procedural bases.
Party Representation
At Davies and Davies, we’ve helped countless clients navigate adjudication — from small payment disputes to complex, multi-issue claims. Whether you’re bringing a claim or defending against one, we’ll guide you through the process step by step, making sure your case is clear, well-prepared, and compelling.
Since we also act as adjudicators, we understand what decision-makers look for. That means we can shape your case in a way that gives you the best chance of success while keeping costs sensible and proportionate.
Preparing for Construction Adjudication: A Practical Guide
Disputes are, unfortunately, a familiar feature of construction projects. Whether it’s a disagreement over payment, delays, variations, or quality of work, finding a way to resolve issues quickly is vital to keep projects moving and relationships intact.
Adjudication is often the fastest and most cost-effective way to resolve these disputes. Below, we outline how to prepare effectively and make the process work for you.
1. Understand the Basics
Adjudication offers a legally backed right for either party to refer a dispute “at any time.” An independent Adjudicator is appointed to review the evidence and arguments before making a binding decision, usually within 28 days. Extensions are possible, but only in limited circumstances.
While that decision is only temporarily binding — meaning it can later be challenged in court or arbitration — it must be followed in the meantime and can be swiftly enforced by the courts.
2. Check if Adjudication Is the Right Approach
Before you begin, consider:
- Nature of the dispute – Adjudication is ideal for clear, well-defined issues, such as payment disputes or straightforward contractual matters.
- Urgency – It’s best for situations where a quick decision is needed to keep cash flowing or progress on site.
- Complexity – Highly complex disputes, involving multiple parties or extensive expert evidence, may be better suited to arbitration or litigation.
- Resources – Although faster and cheaper than other options, adjudication still requires careful preparation, time, and cost management.
- Enforcement – Think about whether the other party is likely to comply with the decision voluntarily or whether enforcement proceedings may be needed.
3. Gather Your Documentation
Your case is only as strong as your evidence. Make sure you have:
- Contract documents – The signed contract, amendments, schedules, and any relevant subcontracts.
- Correspondence – Emails, letters, meeting minutes and other records showing what was agreed and when.
- Project records – Site diaries, progress reports, inspections and other records that prove what happened on site.
- Financial documents – Invoices, payment certificates, valuations and cost breakdowns to back up claims or counterclaims.
- Expert input or witness statements – Where needed, reports or first-hand accounts that clarify the technical or factual position.
Organise everything clearly and chronologically — a well-structured evidence bundle makes it far easier for the adjudicator to follow your case.
4. Choose the Right Adjudicator
The Adjudicator’s expertise and independence are key. Consider:
- Specialism – If the dispute is technical, a surveyor or engineer may be best; for contractual or legal issues, a legally qualified adjudicator might add value.
- Experience – Look for a strong track record with similar disputes. RICS, ICE, CIArb, TECSA, RIBA, FIDIC and other bodies maintain panels of qualified adjudicators.
- Impartiality – Check there are no conflicts of interest.
- Approach – Some Adjudicators take a highly technical approach; others are more pragmatic. Understanding their style helps you prepare your case effectively.
5. Prepare Your Statement of Case
Your Referral Notice or Response is your chance to tell your story clearly and persuasively. Focus on:
- Clarity – Set out the dispute and the key issues in a straightforward way.
- Structure – Use headings and a logical flow to guide the adjudicator.
- Evidence – Link your points to the contract, correspondence, and project records.
- Anticipation – Address likely counterarguments to strengthen your position.
- Remedy – Be precise about what you are seeking, whether it’s payment, an extension of time, or another outcome.
6. Organise and Submit Evidence
Support every key point with properly indexed, referenced documents.
- Number and label everything clearly.
- Include a contents list so the adjudicator can navigate quickly.
- Summarise the importance of complex documents to help the adjudicator focus on what matters.
7. Engage with the Adjudicator
During the process, the Adjudicator may ask questions or request additional documents. Respond promptly and professionally:
- Answer clearly and directly.
- Provide organised supporting documents if requested.
- Avoid delays or vague replies — they can harm your credibility.
8. Review and Implement the Decision
Once the Adjudicator issues the Decision:
- Read it carefully – Understand what actions are required and any deadlines.
- Act promptly – Make payments or take other steps as required; compliance shows professionalism and helps maintain relationships.
- Consider next steps – If you believe the Decision is wrong, take advice on whether to challenge it in court or arbitration, but remember that the Decision must be followed in the meantime.
- Learn from the process – Use what you’ve learned to tighten up contracts, record-keeping, or risk management in future projects.
How We Can Help
At Davies and Davies, we guide clients through every stage of adjudication — from assessing whether it’s the right step, to building a strong case, to enforcing a Decision if needed. Since we also act as Adjudicators, we know how Decisions are made and how best to present your position for maximum impact.
Talk to Us
Whether you need a quick, cost-effective decision through adjudication or the certainty and finality of arbitration, our team can guide you through the process from start to finish.
Get in touch with Davies and Davies for an initial conversation — we’ll help you understand your options, assess the strengths of your position, and develop a strategy that protects your commercial interests while keeping costs proportionate.
Contact us today to discuss your situation in confidence.