Construction adjudication can move quickly. Under section 108 of the Housing Grants, Construction and Regeneration Act 1996, a compliant procedure aims for appointment and referral within seven days of notice and a decision within 28 days of referral, subject to the permitted or agreed extensions.

Scope and status: This guide is framed around statutory construction adjudication in England and Wales. Coverage, procedure and terminology may differ under the contract, in Scotland or Northern Ireland, and for disputes outside the statutory regime. Obtain legal advice on jurisdiction and procedure. Last reviewed 28 August 2026.

Confirm the contractual and statutory route

Identify the executed contract, amendments, parties, adjudication provisions and the dispute intended to be referred. Check whether the statutory right applies and whether the contract's procedure complies with section 108; where it does not, the applicable Scheme may supply terms.

Build a disciplined chronology

Create one chronology linking events, instructions, notices, programme updates, payment records and correspondence. Test every material entry against its source document and identify gaps or competing accounts.

Test notices and the stated basis of entitlement

Identify every notice relied upon, its timing, recipient and alleged contractual effect. Separate procedural compliance, factual causation, valuation and legal interpretation rather than assuming that one proves the others.

Connect cause, effect and value

The contractual basis, factual event, programme consequence and financial calculation should form a traceable chain supported by contemporaneous evidence. Reconcile totals to the underlying records and assess material assumptions.

Assess the commercial objective

Consider the remedy sought, likely recoverable value, cost, management time, relationship and enforcement position with the appropriate legal and commercial advisers. An adjudicator's decision is generally binding on an interim basis until the dispute is finally determined by legal proceedings, arbitration where applicable, or agreement.

Readiness checklist

  • Executed contract, amendments and parties confirmed
  • Statutory and contractual route reviewed by the appropriate adviser
  • Dispute and remedy clearly defined
  • Notices indexed and service evidence retained
  • Chronology tested against source records
  • Programme evidence aligned with the case advanced
  • Quantum reconciled to supporting records
  • Likely jurisdictional and substantive counterarguments assessed
  • Settlement authority and enforcement considerations addressed

Sources and further reading

Legislation may be amended and its application depends on the contract, location and facts. Use the current legislation and take legal advice before commencing or responding to adjudication.

This guide is general information and does not constitute legal advice.