Construction Adjudication
How to refer a construction dispute to adjudication under the Housing Grants, Construction and Regeneration Act 1996.
概述
Adjudication is a rapid dispute resolution process available to any party to a construction contract. Under the Housing Grants, Construction and Regeneration Act 1996 (the 'Construction Act'), you have a statutory right to refer any dispute to an adjudicator at any time. The adjudicator must reach a decision within 28 days (extendable by 14 days with the referring party's consent). The decision is temporarily binding — it must be complied with immediately, pending final determination by arbitration, litigation, or agreement.
谁可以使用此程序
- You are party to a construction contract (written or oral since 2011 amendments)
- The contract relates to construction operations as defined in s.105 of the Act
- A dispute has crystallised between the parties
逐步流程
Check the contract for adjudication provisions
Review your construction contract for adjudication clauses. If the contract does not comply with the Act's requirements, the Scheme for Construction Contracts (a statutory instrument) will apply by default. Identify the specified Adjudicator Nominating Body (ANB) — e.g., RICS, ICE, RIBA, TeCSA.
- Even if the contract is silent on adjudication, you still have a statutory right to adjudicate
Issue a Notice of Adjudication
Serve a written Notice of Adjudication on the other party, briefly describing the dispute, the parties, the contract, the relief sought, and the identity of any proposed adjudicator. Apply to the ANB for appointment of an adjudicator if one is not named.
- The notice should be concise but clearly identify the dispute
- Serve by the method specified in the contract or by recorded delivery
Prepare and serve the Referral Notice
Within 7 days of the Notice of Adjudication, serve a detailed Referral Notice on the adjudicator (and the other party) setting out your case in full, with all supporting documents, witness statements, and expert reports. This is your main submission.
- Be comprehensive — the 7-day deadline is strict
- Include a clear chronology and schedule of claim/defence
The adjudicator decides
The adjudicator will invite a response from the other party (usually 7-14 days), may request further information, and may hold a meeting or site visit. The adjudicator must reach a decision within 28 days of the Referral Notice (extendable to 42 days with consent, or longer by agreement).
- Comply promptly with any directions from the adjudicator
Comply with the decision
The adjudicator's decision is temporarily binding and must be complied with immediately. If the losing party fails to pay, the winning party can enforce the decision through the Technology and Construction Court (TCC) by way of summary judgment.
- Pay now, argue later is the principle
- Enforcement via TCC is usually swift — 'smash and grab' adjudications
费用
重要警告
The 7-day deadline for the Referral Notice is strict — prepare your case before issuing the Notice of Adjudication.
Adjudicator's decisions are temporarily binding. Non-compliance can result in enforcement proceedings and adverse costs.
Adjudication is not suitable for all disputes — very complex multi-party disputes may be better suited to arbitration or litigation.