Here is your step-by-step roadmap to navigating disputes without losing time, money or sleep, by our Dispute Resolution Services Team, specialists in construction disputes.
WHO IS THIS GUIDE FOR?
– Main Contractors, Subcontractors, Developers, or Consultants in the construction industry
– Anyone facing a payment dispute, valuation issue, or delay claims
– Professionals who want to avoid costly mistakes in adjudication and keep projects on track
STEP ONE – BEFORE THE DISPUTE
1. Know your Contract Inside Out
a. Do you have a valid payment schedule?
b. Are key dates and notices recorded properly?
c. Do you understand the adjudication clause?
2. Get your Records Straight?
a. Keep accurate site diaries, variation instructions, payment applications, and correspondence.
b. Disorganised paperwork = weaker case
3. Watch the Clock
a. Timelines matter. Miss a payment notice or deadline, and you could lose your rights
4. Build a ‘Dispute File’ Early
a. Don’t wait for a formal dispute. Begin gathering evidence now – it’ll save time later
STEP TWO – WHAT TO DO WHEN YOU RECEIVE A NOTICE OF ADJUDICATION
1. Don’t Panic – Get Help Immediately
a. Time is tight: the adjudicator may be appointed within 7 days of receipt
b. Call DRS – we can help you respond strategically from day one.
2. Read everything – CAREFULLY
a. Is the dispute properly described & issued?
b. Is the notice valid?
3. Preserve communications
a. Do not rush to reply or admit fault. All responses should be strategic and aligned with your legal position.
STEP THREE: DRING AJUDICATION
1. Stay Focused
a. Stick to the core issues – don’t muddy the waters with unrelated grievances.
2. Submit Strong, Clear Evidence
a. Clear documents, expert opinions, and a timeline that supports your argument are key
3. Challenge Procedural Missteps (if needed)
a. Was the notice served later? Have they appointed the right nominating body? Did they follow any contractual rules? These can be critical.
4. Use Experts Strategically
a. Engage quantity surveyors, planners, or delay analysis. DRS provide all of these services.
STEP FOUR: AFTER THE DECISION
1. Comply or Challenge?
a. Decisions are binding immediately. If you disagree, seek legal advice quickly.
2. Enforcement Matters
a. If the losing party refuses to pay, you may need to enforce the decision in court. DRS can manage this from start to finish.
3. Debrief Your Team
a. Learn from the process: what systems or behaviours caused the dispute? How can you avoid it next time?
COMMON MISTAKES THAT SINK AJUDICATIONS
1. Ignoring the notice until it’s too late
2. Using vague or outdated evidence
3. Relying on informal agreements with no written record
4. Trying to handle it all without expert support.
PRO TIP: Most Adjudications Are Won or Lost BEFORE They Begin?
Prevention is always better than a cure. At DRS, we help construction professionals spot red flags, strengthen payment practices, and prepare for disputes before they arise.
Need Help now?
Speak to a construction adjudication expert today. Call one of the DRS team on 01353 669394 for a free 15 minute initial consultation.