Challenging, Appealing & Correcting Adjudication Decisions

Adjudication decisions are binding but not final. The rules governing mistakes, challenges and appeals are strict and limited.

If the Adjudicator Gets It Wrong or Makes a Mistake

There is likely to be a short period, up to 5 days or less, for an adjudicator to correct typographical or clerical errors in their decision only.

Case law has made clear that even incorrect adjudication decisions will be enforced.

If the correction period has passed, or the issue is not a clerical or typographical error, then the parties must:

• go to court, or
• go to arbitration

to have the issue re-decided.

Appealing an Adjudicator’s Decision

The result of adjudication is binding, but a dispute can be re-decided by a court or arbitrator if one party wishes.

If that happens:

• the entire dispute is considered afresh;
• the process is expensive and time-consuming;
• this route is rarely used in practice.

Challenging an Adjudicator’s Decision in Court

A party can resist enforcement of an adjudicator’s decision, but the grounds for challenge are very limited, typically involving:

• jurisdictional issues; or
• breaches of natural justice.

These challenges do not concern whether the adjudicator’s decision was “right” on the merits.

Because adjudication is binding but not final, a disgruntled party may also refer the underlying dispute to court proceedings (or arbitration, if agreed) for a final determination.

Can an Adjudicator Reopen a Decision?

No. Adjudicators do not have the power to reopen or reconsider their decision once issued, unless:

• it is to correct a clerical or typographical error,
• within a very short timeframe (typically up to 5 days).

You may also be interested in reading:

• What if someone starts an adjudication against you?
• How Construction Adjudication Works
• Legal Framework for Construction Adjudication
• Enforcement of Adjudication Decisions
• The Adjudicator: Role, Appointment & Qualifications

Free initial enquiry

Our construction adjudication experts would ideally be involved as soon as possible and before an adjudication notice is served. Whatever stage you are at, you can increase your prospects of success immediately by discussing matters with us. A free initial consultation with us at an early point could mean a drastically different result at the end of an adjudication.

We offer a free one hour initial consultation for new clients. Please contact us by phone, email or using our contact form for a free initial consultation. We can discuss how we can help you get the most out of the adjudication process.

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