Construction Adjudication Timeline: A Step-by-Step Guide

Understanding the Adjudication Process from Start to Finish

Construction adjudication is often described as a "28-day process", but that description can be misleading. Whilst an adjudicator's decision is ordinarily produced within 28 days of receiving the Referral Notice, there are several important stages which take place before that period begins.

For contractors, subcontractors, employers, and developers involved in a construction dispute, understanding the adjudication timeline is essential. Preparing properly at each stage can significantly improve the prospects of success.

This guide explains the typical adjudication process step by step, from identifying a dispute through to receiving the adjudicator's decision.

Overview of the Construction Adjudication Timeline

A typical adjudication follows this sequence:

1) A Dispute Crystallises

2) A Notice of Adjudication is served

3) Appointment of Adjudicator

4) Referral Notice

5) Response

6) Reply / Rejoinder etc.

7) Adjudicator's Decision

In straightforward cases, a decision can often be obtained within five to six weeks from the initial commencement of proceedings.

Before Adjudication Begins

Has a Dispute Crystallised?

Before adjudication can commence, there must generally be a dispute between the parties. There is plenty of case law relating to the meaning of "a dispute" in adjudication, and also as to when a dispute has arisen (or "crystallised").

However, a dispute typically arises when a claim has been submitted, and:

The claim has been rejected or,
The claim has been ignored or,
The parties clearly hold opposing positions

Examples include:

Non-payment of an interim application / lower amount certified
Disagreement regarding variations
Final account disputes
Extension of time claims
Delay and disruption claims
Defects disputes

Before beginning an adjudication, parties should carefully assess whether a dispute has genuinely crystallised.

Preparation Is Critical

One of the biggest misconceptions about adjudication is that it is informal and can be prepared quickly.

In reality, successful adjudications often depend upon extensive preparation before the Notice of Adjudication is served.

Key tasks may include:

Reviewing the contract documents
Reviewing correspondence
Preparing a chronology
Gathering supporting evidence
Assessing the value of the claim
Considering potential jurisdictional issues

Many successful parties begin preparing weeks before the formal process starts.

Further, at Sum ADR, we believe that the Referral Notice should be prepared before the Notice of Adjudication is issued, not after. The timescale between service of the Notice of Adjudication and the Referral Notice is only 7 days (maximum), which is rarely enough time to prepare and collate your case in full.

Day 1: Notice of Adjudication

The first formal step is the service of a Notice of Adjudication.

This document:

Identifies the parties
Summarises the dispute
Identifies where and when the dispute arose
States the remedy / redress being sought

The Notice of Adjudication is arguably the most important document in the process. This is because the contents of the Notice can directly affect the adjudicator's jurisdiction and the scope of the dispute.

A poorly drafted Notice can create significant difficulties later in the proceedings, and may result in the desired outcome not being achieved.

Days 1-5: Appointment of the Adjudicator

Following service of the Notice of Adjudication, an adjudicator must be appointed.

This may occur:

By Agreement

The parties agree upon an individual adjudicator; this might already be agreed within your contract, or the parties may choose to agree upon a particular adjudicator.

Through a Nominating Body

Where the parties cannot agree, an application is usually made to an adjudicator nominating body ("ANB") such as:

RICS
CIArb
TeCSA
CIC

This is the most common method of appointment; again, the ANB may also be agreed in your contract. The appointment process is usually completed quickly, as ANB's are aware of the need to get an adjudicator in place quickly so that the Referral may be served in time. However, it is advisable that the Referring party makes its request to the ANB as soon as possible after the service of the Notice of Adjudication, in order to give the ANB maximum time, and to avoid any issues with securing the appointment of an adjudicator.

Once appointed, the adjudicator will issue their terms of appointment, and some initial procedural directions.

Day 8 (Adj. Day 0): Referral Notice

The Referring Party must serve its Referral Notice within seven days of the Notice of Adjudication. Under the Scheme provisions, this is a conditional requirement - if the Referral is served later, it will be invalid (as would the process).

The Referral typically includes:

Detailed written submissions
The contract
Correspondence
Payment documents
Programme information
Valuations
Witness statements (where applicable)
Other supporting evidence

The Referral Notice represents the claimant's complete case; that is not to say that the Referring party will not get a chance to argue different points in later submissions (like the Reply), but the Referring party should attempt to consider all of the arguments that the Responding party has previously made, or might make, and present its position on these - with evidence - to the Adjudicator, to give the adjudicator the most complete position reasonably possible.

Many adjudications are won or lost based on the quality of preparation that went into the Referral.

The receipt of the Referral is often referred to as "Day zero" - it signals the commencement of the '28-day' statutory timetable for adjudication; however, as you can see, there has already been several (up to seven) days worth of actions / work which has gone into getting the Referring party to this stage.

Days 15-22 (Adj. Days 7-14): The Response

The Responding Party is then given an opportunity to serve its Response. Logically, the Response is the Responding Party's opportunity to confirm, deny or disprove the contentions put forward in the Referral.

The Response may contain:

Factual rebuttals
Alternative valuations
Contractual / legal arguments
Jurisdictional challenges (if not already made)
Witness evidence
Counterclaims

The adjudicator will establish the precise timetable depending on the complexity of the dispute; conventionally, this can be anywhere from between 7 and 14 days after the receipt of the Referral (remember too that we are referring to calendar days here, not working days).

For Responding Parties, this stage can be extremely demanding due to the compressed timescales involved. As a Responding party, having the early involvement of representatives to assist with this intense workload can be key to the success of the defence.

Days 22-29 (Adj. Days 14-21): Reply (and Rejoinder)

In almost all adjudications, there are additional submissions exchanged. This is due to the rules of natural justice, and the logical fact that if one party makes a point, the other side should have a reasonable opportunity to answer that point. Therefore, most of the time there is a Reply to the Response:

Reply

The Referring Party responds to issues raised in the Response.

In more complex adjudications, and at the Adjudicator's discretion, additional submissions may be exchanged.

These commonly include:

Rejoinder

The Responding Party addresses matters raised in the Reply.

Further Submissions

In particularly complex matters, the adjudicator may permit additional rounds of submissions (i.e. the Surrejoinder, the Rebutter, and so forth).

Not every adjudication will include these stages.

Site Visits and Meetings

Although many adjudications proceed entirely on paper, adjudicators have wide powers to investigate matters.

Depending on the dispute, the adjudicator may:

Visit the site
Inspect works
Request additional information
Hold meetings with the parties
Ask written questions

These additional steps are more likely to occur in disputes involving defects, valuation issues, and technical construction matters.

Day 36 (Adj. Day 28): Adjudicator's Decision

Unless an extension has been agreed or consented to, the adjudicator must reach a decision within 28 days of receiving the Referral Notice. However, as previously noted, in terms of calendar days, this may be up to 36 days since the Referring Party issued the Notice of Adjudication to start the whole process.

The decision may depending upon the 'Redress Sought' in the Notice of Adjudication:

Award payment
Reject claims
Determine contractual rights
Grant extensions of time
Decide valuation issues
Allocate adjudicator fees

The decision will normally contain detailed reasons explaining how and why the conclusion was reached.

Can the 28-Day Period Be Extended?

Yes.

The timetable can be extended in certain circumstances.

Typically:

The Referring Party may consent to (up to) a 14-day extension i.e. if this extension is requested by the Adjudicator.
Further extensions must be agreed to by both parties (without agreement of the parties the maximum timescale will be 42 days).

Extensions are common in larger or more complex disputes involving substantial documentation.

What Happens After the Decision?

Receiving the decision is not necessarily the end of the process.

Several outcomes are possible.

Compliance

In most cases, the losing party complies with the decision and the matter concludes.

Settlement

The decision often encourages commercial settlement, i.e. if the dispute referred was only one aspect of a larger disagreement.

Enforcement Proceedings

If a party refuses to comply, the successful party may seek enforcement through the courts.

The courts generally take a supportive approach to adjudication and will often enforce decisions swiftly.

Further Proceedings

In some circumstances, disputes may later be reconsidered through:

Litigation
Arbitration

However, unless and until overturned, the adjudicator's decision remains binding.

Common Mistakes During the Adjudication Process

Poorly Drafted Notices

An unclear Notice of Adjudication may create jurisdictional difficulties, or simply not achieve the outcome intended.

Insufficient Evidence

Claims supported by limited documentation often struggle. Cases are won on evidence, not pleadings.

Missing Deadlines

The adjudication timetable moves quickly. Late or rushed submissions can seriously damage a party's position.

Failing to Consider Jurisdiction

Many adjudications involve disputes regarding the adjudicator's jurisdiction.

These issues should be reviewed at an early stage. If the Responding party has a challenge which it considers valid, it should make this clear and reserve its position accordingly.

Delaying Professional Advice

The earlier specialist advice is obtained, the more effectively a case can usually be prepared.

When Should You Appoint an Adjudication Representative?

Ideally, before the Notice of Adjudication is served.

Early involvement allows a representative to:

Assess the merits of the dispute
Review evidence
Identify procedural risks
Draft key documents
Develop a strategy
Manage the process efficiently

Because adjudication proceeds at significant speed, early preparation can provide a substantial advantage.

Frequently Asked Questions

Is adjudication always completed within 28 days?

Not necessarily. The adjudicator normally has 28 days from receipt of the Referral Notice, but extensions are common (particularly in larger disputes).

Can the parties agree a longer timetable?

Yes. Extensions can be agreed where additional time is required.

What if the Responding Party ignores the adjudication?

The adjudication will usually continue and the adjudicator may still issue a binding decision.

Can new evidence be introduced later?

Possibly, but parties should seek to present their strongest evidence at the earliest opportunity.

How quickly can enforcement proceedings begin?

If a decision is not complied with, enforcement proceedings can often be commenced promptly.

Need Help with an Adjudication?

Construction adjudication is a fast-moving process in which preparation is often decisive.

Sum ADR regularly acts for contractors, subcontractors, employers, and developers involved in construction disputes throughout England and Wales. Our team has extensive experience preparing and managing adjudications involving payment disputes, final accounts, valuations, delays, extensions of time, NEC compensation events, liquidated damages, contra charges, and contractual claims.

If you are considering commencing an adjudication, or have received a Notice of Adjudication, contact Sum ADR for an initial discussion with one of our specialists.