How Construction Adjudication Works

Construction adjudication is a fast, documents-based procedure. Although each case varies, the key procedural elements are broadly the same. The guidance below explains the main steps and what parties should expect.

Drafting a Notice of Adjudication

A Notice of Adjudication is typically a short document.
The Scheme for Construction Contracts requires it to set out:

• the nature and a brief description of the dispute and of the parties involved;
• details of where and when the dispute has arisen;
• the nature of the redress (remedies) which is sought; and
• the names and addresses of the parties to the contract (including, where appropriate, the addresses which the parties have specified for the giving of notices).
• The contract may include other requirements.

It is important that the Notice of Adjudication is drafted so that it includes the scope of all of the issues required to be resolved in the Referral.

Drafting a Referral to Adjudication

Once the Adjudicator has been agreed or appointed, the Referring Party sends a Referral to Adjudication.

The Scheme for Construction Contracts requires this to be accompanied by:

• copies of, or relevant extracts from, the construction contract; and
• such other documents as the Referring Party intends to rely upon.

The Referral is the Referring Party’s opportunity to explain and demonstrate to the Adjudicator:

• what it is claiming; and
• why it is entitled to it.

It is important to make the arguments very clearly and include all the documents the Referring Party wishes to rely on, as most adjudications are “documents-only” procedures and the parties and adjudicator do not meet.

Any specific requirements in the contract must also be complied with.

Rejoinder, Surrejoinder, Rebutter and Surrebutter

After the initial Referral from the Referring Party and Response by the Responding Party, there is likely to be a Reply from the Referring Party.

In the longest adjudications, submissions can then continue through multiple rounds, such as:

• Rejoinder
• Surrejoinder
• Rebutter
• Surrebutter

Typically, submissions become shorter as the adjudication continues.

Appointing an Adjudicator

The contract might stipulate:

• that certain people are to act as adjudicator; or
• that the adjudicator is to be appointed by an adjudicator nominating body.

Adjudicator nominating bodies each have their own processes, but they generally require:

• submission of a completed application form,
• a copy of the Notice of Adjudication, and
• payment of a fee.

The parties can also agree to appoint a particular person as adjudicator.

It is important that any clauses in the contract which stipulate how an adjudicator is appointed (and how an adjudication is conducted) are carefully followed. For example, the contract might state that the president of a particular adjudicator nominating body is to make an appointment. Failure to follow that procedure can invalidate the adjudication.

Pausing an Adjudication

The parties can agree to pause an adjudication.

This may require them to agree to extend the deadline for the Adjudicator’s decision. Parties may wish to do this to give extra time for settlement negotiations.

Missing Adjudication Deadlines

If there are delays to:

• the appointment of an adjudicator, or
• the service of the Referral by the Referring Party,

then the adjudicator may not have jurisdiction to act and may resign.

If there are delays to other submissions, then the adjudicator might be entitled to consider them in less detail, or potentially even ignore them, as they must comply with their overriding obligation to give a decision in time.

If the process becomes unworkable, the adjudicator may also feel they need to resign.

Withdrawing from an Adjudication

The Referring Party may withdraw an adjudication at any time.

While the adjudicator is likely to be able to recover their fees from either party (or both parties), it is common for them to order that the withdrawing Referring Party pays.

If an Adjudicator Resigns

If an adjudicator resigns before making their decision:

• the adjudication ends; and
• the Referring Party may begin a new adjudication by issuing another Notice.

Whether any payment is due to the adjudicator depends on their terms and the circumstances of their resignation.

You may also be interested in reading:

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

Free initial enquiry

Our construction adjudication lawyers 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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