What is construction adjudication
Adjudication is a statutory or contractual dispute resolution procedure available for most construction contracts. A neutral adjudicator is appointed to decide a dispute within a short period, typically 28 days from referral, subject to limited extensions. The decision is temporarily binding, meaning it must be complied with unless and until the dispute is finally determined by agreement, litigation or arbitration.
The regime applies to most “construction operations”. There are exceptions, including where works are carried out for a residential occupier under a contract with them personally. If you are unsure whether your dispute qualifies, we can advise on jurisdiction and strategy at the outset.
The adjudication process
While every case is different, the core steps usually include:
- Notice of adjudication, defining the dispute
- Appointment of an adjudicator via a nominating body (for example RICS or CIArb) or by agreement
- Referral notice with evidence and submissions
- Response, and sometimes reply and rejoinder
- Meetings or site visits if directed
- Decision within 28 days of referral (extendable)
Strict deadlines, jurisdiction points and procedural fairness are critical. Early, well-structured evidence and clear submissions often make the difference between success and failure.
Typical construction disputes we handle
Our construction adjudication solicitors regularly advise on:
- Interim and final account valuation
- Pay less notices, payment notices and smash and grab adjudications
- Extensions of time, delay analysis and loss and expense
- Defective works, quality disputes and remedial costs
- Variations, design responsibility and change control
- Set-off, withholding, suspension and termination rights
- True value adjudications following payment disputes
- Jurisdiction challenges and natural justice issues
- Enforcement or resisting enforcement in the Technology and Construction Court
Why choose us
Stephensons is a national law firm with deep experience in construction and commercial dispute resolution. We understand site realities, contractual risk and the cashflow pressures that drive adjudication. Our focus is on delivering practical outcomes quickly and cost-effectively.
Quality and service are at the heart of what we do. Stephensons holds the Law Society’s Lexcel accreditation for excellence in legal practice management and client care. Many of our teams are recognised in leading legal directories, and our firm has a strong track record in high-stakes litigation and regulatory defence, including complex and urgent criminal matters, demonstrating our ability to act decisively when timeframes are tight.
We combine legal precision with sector insight. From JCT and NEC contracts to bespoke forms and subcontract packages, we know the points that adjudicators find persuasive and how to present evidence clearly under intense time pressure.
How we can help
We provide a full service across the adjudication lifecycle, including:
- Rapid triage, risk assessment and strategy within hours of instruction
- Drafting notices, referral documents and witness statements
- Delay and quantum case building with appropriate expert input
- Responding robustly to claims and raising jurisdiction challenges
- Preparing for and attending meetings with the adjudicator
- Negotiating settlements alongside the adjudication process
- Enforcement or defence of enforcement proceedings in the Technology and Construction Court
- Cost-benefit advice on serial or follow-on adjudications and final resolution
Whether you are the referring or responding party, we tailor a strategy that aligns with your commercial objectives, project timelines and relationships within the supply chain.
Urgent help if you have received a notice of adjudication
Deadlines in adjudication are short. If you have been served with a notice of adjudication or a referral, contact us immediately. Early analysis of jurisdiction, timetable, evidence gaps and potential procedural objections can be decisive. We can mobilise quickly to protect your position and shape a robust response.
Funding and costs
We offer clear, upfront costs information and, where appropriate, staged or fixed-fee options for discrete phases of adjudication. Each party normally bears its own legal costs in adjudication, although the adjudicator can allocate their fees and expenses between the parties. We will discuss proportionality and potential recovery or enforcement issues at the outset so there are no surprises.
Enforcement and resisting enforcement
If you succeed in adjudication and the other side does not pay, we can issue swift proceedings in the Technology and Construction Court, typically seeking summary judgment. Conversely, if you face enforcement, we can advise on whether any limited grounds exist to resist, such as a jurisdictional defect or serious breach of natural justice. We will give candid, pragmatic advice on prospects and risk.
Frequently asked questions
What is the time limit for an adjudication decision?
From the date the referral is served, the adjudicator should reach a decision within 28 days, subject to agreed or directed extensions. The timetable is intentionally tight, so preparation and early instruction are crucial.
Can I recover my legal costs in adjudication?
As a general rule, each party bears its own legal costs, unless the contract expressly allows otherwise and even then there are limits. The adjudicator can decide who pays their own fees and expenses.
What happens if the losing party does not pay?
Adjudicators’ decisions are commonly enforced by the Technology and Construction Court through a streamlined process, often by way of summary judgment. Non-compliance can lead to interest, costs and judgment against the debtor.
Can I challenge the adjudicator’s jurisdiction?
Yes, but objections should be raised promptly and preserved. Jurisdiction challenges might concern whether there is a construction contract, the scope of the dispute referred, residential occupier exceptions, or non-compliance with notice requirements. We can assess this immediately.
Is adjudication confidential?
Generally, adjudication is a private process between the parties, subject to any contractual terms. However, if enforcement proceedings are issued, the court process is public unless the court orders otherwise.
What is a smash and grab adjudication?
It is a claim based on payment notice and pay less notice machinery rather than the true value of the work. If the required notices are missing or invalid, the notified sum may be payable. A subsequent true value adjudication may be possible in certain circumstances.
When should I start a true value adjudication?
True value adjudications assess the actual value of the works, variations and deductions. Strategy, timing and any prior payment decisions are important. We will advise on the right sequence to protect recovery and avoid procedural traps.
Can homeowners use adjudication?
Adjudication may not apply where works are carried out under a contract with a residential occupier for their home. We can advise on whether the statutory scheme applies and explore alternative routes if needed.
Do I need expert evidence?
Many disputes benefit from focused expert input, for example delay analysis or quantum assessment. Given the timetable, concise, well-targeted expert evidence is preferred. We work with experienced experts and will recommend what is proportionate.
How quickly can you act?
We can usually provide an initial assessment the same day and move immediately to protect your position, whether by issuing or responding to a notice, engaging with the nominating body, or preparing core evidence.
Contact our construction adjudication solicitors
For swift, commercial advice from our construction adjudication solicitors, call Stephensons on 0161 696 6170. Alternatively, fill in our enquiry form for a callback and we will contact you promptly.
