Construction Law
Construction Adjudication Barristers
Barrister-led help for referring and responding parties in statutory adjudication. The same specialist Barrister drafts your submissions and, if the decision is challenged, argues enforcement in the Technology and Construction Court.
Takes about 2 minutes. No obligation.
Barristers regulated by the Bar Standards Board
Statutory adjudication is the fast-track procedure created by Part II of the Housing Grants, Construction and Regeneration Act 1996, as amended by the Local Democracy, Economic Development and Construction Act 2009. Section 108 gives every party to a construction contract the right to refer a dispute arising under the contract to adjudication at any time. If the contract does not contain a compliant procedure, the adjudication rules in the Scheme for Construction Contracts (England and Wales) Regulations 1998 are implied instead.
The timetable is short by design. The process starts with a written notice of adjudication. An adjudicator is then appointed, either as named in the contract or by an adjudicator nominating body, and the referring party must serve its referral notice, with the supporting evidence, within 7 days of the notice of adjudication. The adjudicator must reach a decision within 28 days of the referral. That can be extended by up to 14 days with the referring party's consent, or for longer if both parties agree.
The decision is binding until the dispute is finally decided by court proceedings, arbitration or agreement. In practice the losing party usually has to pay first and argue later. If it does not pay, the winner can go to the Technology and Construction Court, where adjudicators' decisions are normally enforced quickly by summary judgment. The court will only refuse enforcement on narrow grounds, mainly that the adjudicator lacked jurisdiction or made a serious breach of natural justice. A mistake of fact or law, even an obvious one, is generally not enough.
HireABarrister is a Barrister-led service. Your Barrister reads the contract, decides how the dispute should be framed, drafts the notice, referral or response, and deals with the adjudicator's questions. You or your company serve the documents and deal with the nominating body, because Barristers do not conduct litigation unless separately authorised. If the matter then goes to court, the same Barrister can appear for you.
What Construction Adjudication Barristers Do
For the Referring Party
Your Barrister can:
- Check that a dispute has crystallised and is within the contract
- Frame the notice of adjudication so it captures the whole dispute
- Advise on the choice of nominating body or named adjudicator
- Draft the referral notice and organise the evidence within 7 days
- Prepare a concise reply to the response
- Advise on whether to agree an extension of time for the decision
For the Responding Party
Your Barrister can:
- Review the notice and referral for jurisdiction problems
- Reserve your position on jurisdiction in clear terms
- Ask the adjudicator for a realistic timetable for your response
- Draft the response, witness statements and rejoinder
- Identify defences and cross-claims that fall within the dispute referred
- Advise whether to pay, challenge or start a fresh adjudication
Enforcing or Resisting the Decision
In the Technology and Construction Court:
- Advise on the prospects of enforcement before proceedings issue
- Draft the claim and summary judgment application papers
- Draft evidence on jurisdiction or natural justice objections
- Argue the enforcement hearing
- Advise on stays of execution and payment by instalments
- Advise on final determination proceedings afterwards
Your Barrister drafts these documents. You issue the claim, pay the court fee and serve the papers on the other side.
What You Handle
Under Direct Access you:
- Provide the contract, payment history and site records
- Serve the notice of adjudication and referral on the other party
- Apply to the nominating body and pay its fee
- Send documents to the adjudicator as directed
- Pay the adjudicator's fees if ordered to do so
- Issue and serve any court enforcement papers
How Direct Access Works
- 1
Check the Contract and the Dispute
Your Barrister confirms there is a construction contract within the Act (or a contractual adjudication clause), that the homeowner exception does not apply, and that a real dispute exists. This step avoids the jurisdiction arguments that can defeat a decision later.
- 2
Notice of Adjudication
The notice sets the boundaries of the dispute, so its wording matters. Your Barrister drafts it, and you serve it on the other party and apply to the nominating body or named adjudicator for an appointment.
- 3
Referral Within 7 Days
The referral notice sets out the claim in full with the contract, correspondence, valuations and witness evidence. It must reach the adjudicator within 7 days of the notice of adjudication, so the preparation usually starts before the notice is served.
- 4
Response and Reply
The adjudicator sets a timetable for the response, any reply and any further submissions. A responding party often has only days, so prompt instruction matters. Jurisdiction objections should be raised straight away and reserved clearly, or they may be lost.
- 5
The Decision
The adjudicator decides within 28 days of the referral, unless the time is extended. Most adjudications are dealt with on paper, though the adjudicator can call a meeting and ask questions. The decision usually says who pays and when, and who bears the adjudicator's fees.
- 6
Payment, Enforcement or Challenge
If the decision is not honoured, the winner can issue proceedings in the TCC and apply for summary judgment on an expedited timetable. The loser can resist only on narrow grounds, and can later ask a court or arbitrator to decide the dispute finally.
Does your case qualify for Direct Access?
Tell us about your matter and we'll confirm whether you can instruct a Barrister directly, then match you with the right specialist.
Prefer to talk? Call 0800 302 9921. Lines open 8am to 8pm, same-day callback.
Frequently Asked Questions
Can I start an adjudication at any time?
Under section 108 of the Construction Act a party can give notice of adjudication at any time, including during the project, after completion, or while court proceedings about the same matter are under way. There must, however, be a dispute that has actually arisen, and the same dispute cannot be adjudicated twice.
I have just received a notice of adjudication. What should I do?
Act quickly. The referral will follow within 7 days and your response time is set by the adjudicator, often around a week or two. Send the notice to a Barrister straight away so jurisdiction points can be reserved and the response planned. Do not ignore the adjudication, because the adjudicator can proceed and decide without you.
On what grounds can an adjudicator's decision be resisted?
The main grounds are lack of jurisdiction (for example, no construction contract, no crystallised dispute, the dispute was already decided, or the adjudicator went beyond what was referred) and a material breach of natural justice (for example, deciding on a point neither party had a chance to address). Errors of fact or law within jurisdiction are generally not grounds for refusing enforcement.
Does adjudication apply to work on my home?
The statutory right does not apply to a contract that principally relates to work on a dwelling the employer occupies or intends to occupy as their home (section 106). Some homeowner contracts include an adjudication clause anyway, and whether it binds the homeowner can depend on how it was agreed and on consumer protection law. A Barrister can advise on the clause in your contract.
Who pays the costs of an adjudication?
Usually each party bears its own legal costs, and the adjudicator decides who pays their fees. Since the 2011 amendments, a contract term deciding in advance who pays the costs of an adjudication is generally ineffective unless it is agreed in writing after the notice of adjudication, or it allows the adjudicator to allocate their own fees and expenses.
Can an insolvent company adjudicate?
A company in liquidation can refer a dispute to adjudication, as the Supreme Court confirmed in Bresco v Lonsdale (2020). Enforcement is a separate question, and the court may refuse summary judgment or stay execution where there is a real risk the money could not be recovered if the decision is later reversed.
Why use a Barrister rather than a claims consultant for adjudication?
Claims consultants can run adjudications, but they do not have a Barrister's rights of audience if the decision has to be enforced or resisted in the TCC, so you may need to change representative at the moment speed matters most. With a Barrister-led service the Barrister who drafted the referral or response argues any enforcement hearing. Fees are often comparable.
How much does a Barrister cost for an adjudication?
Fixed fees, agreed up front. Advice starts from £250 and court representation from £850, with a clear quote before any work begins.
Facing an Adjudication Deadline?
Send us the notice or the decision. A specialist construction Barrister will review it and quote a fixed fee for the next step.
Or call us: 0800 302 9921. Lines open 8am to 8pm, same-day callback.