Construction Adjudication

Adjudication is the fastest way to get a binding decision on a construction dispute in England and Wales. We prepare and run adjudications for referring and responding parties, and we tell you honestly whether yours is worth starting.

  • Notices of adjudication and referrals, prepared to the timetable
  • Responses, including jurisdiction challenges and set off defences
  • Enforcement, and advice on what the decision means for you
Claims

Adjudication runs to a short, fixed timetable. Most of the work has to be done before the notice is served, which is why preparation decides most adjudications.

7
Days to serve the referral after the notice
28
Days for the decision after the referral
42
Days if the referring party agrees to extend

What is Adjudication?

Every construction contract covered by the Housing Grants, Construction and Regeneration Act 1996 gives each party the right to refer a dispute to adjudication at any time. An independent adjudicator decides the dispute, usually within 28 days of receiving the referral.

The decision is binding unless and until the dispute is finally decided by agreement, arbitration or the court, and the courts enforce adjudicators’ decisions quickly. Most adjudications are about money, and many also involve time, because an extension of time is the answer to a claim for delay damages.

What Adjudication Decides

  • Unpaid Applications
  • Pay Less Notices and Set Off
  • Variations and Final Accounts
  • Loss and Expense
  • Contra Charges
  • Extensions of Time and Delay Damages

How We Help

Whether you are bringing the claim or answering it, the work follows a fixed timetable. Choose your side to see what we do at each stage.

1

Check the Dispute

We confirm that a dispute has crystallised and frame it so the notice covers everything you need the adjudicator to decide.
2

Serve the Notice

We draft the notice of adjudication and apply to the right nominating body under your contract or the Scheme.
3

Serve the Referral

We prepare the referral with the contract, the evidence and witness statements, ready within 7 days of the notice.
4

Run the Case

We answer the response, deal with the adjudicator’s directions and keep the case on timetable.
1

Test Jurisdiction

We check the contract, the appointment and the dispute referred straight away, so any objection is raised early and clearly.
2

Review the Timetable

Where the timetable is unrealistic, we ask the adjudicator for more time on reasoned grounds.
3

Prepare Your Response

We set out your defence and any set off within the dispute referred, with the evidence to support it.
1

Check the Decision

We check the decision for errors that the adjudicator can correct under the slip rule.
2

Get Paid

We calculate what is payable and when, and support enforcement if the other side does not pay.
3

Decide What Comes Next

If the decision went against you, we advise whether a challenge or a final determination is realistic and what it would cost.
Benjamin Bjork, Mill Court Consultants

Why Mill Court?

Benjamin Bjork is a quantity surveyor with a master’s degree in construction law and arbitration, awarded with distinction, and is a Fellow of the Chartered Institute of Arbitrators.

We have prepared and answered claims on power, energy, infrastructure and building projects, so we understand the programmes, the records and the money as well as the contract.

Adjudication Readiness Review

Before you commit, get a written view on the strength of your claim, the jurisdiction risks, any missing evidence and the likely cost. Fixed fee, credited against further work.

Find Out More

Free Guides on Construction Cloud

Plain English guides and calculators from our sister site.

Construction Adjudication Explained

The timetable, the notices and what happens at each stage.

Read the Guide →

Learn more

Your Options in a Construction Dispute

Negotiation, mediation, adjudication, arbitration and court compared.

Read the Guide →

Learn more

A Step by Step Guide to Payment Disputes

What to do when you have not been paid, from notices to suspension.

Read the Guide →

Learn more

Common Questions

The referral must be served within 7 days of the notice of adjudication, and the adjudicator must reach a decision within 28 days of receiving it. That can be extended to 42 days with the referring party’s consent, or longer if both parties agree. Our free adjudication timetable calculator works out the dates.

Usually not. Each party normally pays its own costs of an adjudication, and the adjudicator decides who pays the adjudicator’s fees. That is why it is worth testing the case before you start.

No. Many adjudications are run by claims consultants, and the process is designed to be used without lawyers. On complex or high value disputes we work alongside solicitors and counsel where that is the better choice.

The court will normally enforce an adjudicator’s decision by summary judgment within a few weeks, and only very limited challenges, such as a lack of jurisdiction or a serious breach of natural justice, will stop it.

Free 30 Minute Check

Send us one live problem, whether it is a payment notice, a claim, a delay or a dispute, and we will tell you where you stand and what to do next. No charge and no obligation.

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