Disputes in construction are not uncommon — but they don’t have to mean lengthy delays or expensive court proceedings. Adjudication offers a legally backed, efficient way to resolve disagreements quickly, allowing projects to move forward with minimal disruption.
At DRS (Dispute Resolution Services), we support clients across the construction industry through this process — from identifying whether a dispute exists to preparing referral notices and managing the evidence needed to secure a successful outcome.
What Is Adjudication?
Adjudication is a statutory right under the Housing Grants, Construction and Regeneration Act 1996, supported by the Scheme for Construction Contracts (England and Wales) Regulations 1998. It applies to most construction contracts — and even if there’s no written contract, the Act may still apply by default.
This process is designed to be fast and cost-effective: a dispute can often be resolved within 28 days, with a binding decision issued by an independent adjudicator who is an expert in the relevant field.
When Can You Use Adjudication?
Adjudication requires a valid dispute — one that has been raised and responded to (either by rejection, modification, or silence).
As the courts outlined in Fastrack Contractors Ltd v Morrison Construction Ltd:
“A dispute can only arise once the subject-matter of the claim… has been brought to the attention of the opposing party and that party has had an opportunity of considering and admitting, modifying or rejecting the claim or assertion.”
Once a dispute has “crystallised,” either party may initiate adjudication.
Step-by-Step: How Adjudication Works
- Confirm a Dispute Exists
Has a claim been made and rejected or ignored? If yes, it’s likely a dispute has crystallised. - Issue a Notice of Adjudication
This formally begins the process and outlines the dispute and relief sought. - Appoint an Adjudicator
Typically done via a nominating body like the RICS or CIArb. - Serve the Referral Notice
This contains your full argument, supporting documents, and must be issued within 7 days of the initial notice. - Responding Party Submits Their Case
The other party is given the chance to present their side. - Further Written Submissions (if needed)
Rejoinders and replies may be exchanged, depending on the adjudicator’s directions. - Decision Issued
A decision is usually made within 28 days and is immediately binding.
How Quantity Surveyors Can Help
Engaging a competent QS (Quantity Surveyor) early in a project can significantly reduce the likelihood of disputes — and improve the chances of success in adjudication if needed.
Key contributions from QSs include:
- Thorough documentation of instructions, valuations, payment notices, and verbal directions
- Ensuring contractual compliance and adherence to legal obligations
- Programme management to mitigate delay-related disputes
- A clear understanding of the project’s payment cycle
Maintaining detailed, accurate records is vital — especially for substantiating claims in adjudication.
Real-World Example: DRS in Action
Our DRS team has a strong track record of successfully representing clients in adjudications. By combining deep legal expertise with practical construction knowledge, we help shape persuasive arguments tailored to each case. This includes matters such as valuing works, payment disputes, time-related issues, and more.
Most recently, we secured an excellent outcome in a “Smash and Grab” adjudication, recovering over £1 million for our client after the Employer failed to pay against a valid payment application.
Need Help with a Dispute?
If you’re dealing with a payment issue, contract disagreement, or need strategic support ahead of a potential adjudication, the DRS team is here to help.
Reach out to us for confidential advice and experienced guidance.