Construction adjudication advice
Find out whether adjudication is the right route for your construction dispute.
Construction Adjudication UK
Adjudication can help resolve some construction payment and contract disputes without waiting for a long court process. But it is not always the right first step.
Before you start adjudication, you need to understand what the contract says, what the evidence shows and whether the dispute is worth pursuing.
My Commercial Lawyers provides barrister-led construction dispute support for contractors, subcontractors, developers, architects, consultants and construction professionals who need clear advice before taking action.
Share the issue, contract and key facts so the team can review whether adjudication is the right next step.
Is this the right page for you?
This page is for you if you are dealing with a construction dispute and need to know whether adjudication is suitable.
You may be facing:
- An unpaid construction invoice
- A disputed final account
- A contractor or subcontractor dispute
- A payment notice or pay less notice issue
- A delay or defect dispute
- A JCT, NEC or bespoke construction contract dispute
- A dispute about variations
- A threat of adjudication from the other side
- A project issue that is holding everything up
You may be thinking:
“We’ve done the work, but we haven’t been paid.”
“We need to know where we stand.”
“Can we adjudicate?”
“Is adjudication worth it for this dispute?”
“What if we choose the wrong route and make it worse?”
Adjudication may be useful, but it should be checked against the facts, contract and evidence before you commit.
Adjudication can move quickly, so the first step matters
Construction adjudication is designed to deal with disputes faster than many court claims.
That speed can help. It can also create pressure.
If you start adjudication without checking your position, you may spend money on the wrong route. You may also weaken your position if the notice, referral or evidence is not prepared carefully.
Before you act, you need to know:
- What dispute has actually arisen
- Whether the contract supports adjudication
- What the payment terms say
- Whether the right notices were served
- What evidence is available
- What the other side is likely to argue
- Whether adjudication makes commercial sense
The aim is not to rush into adjudication.
The aim is to choose the right legal step.
How My Commercial Lawyers helps with construction adjudication
My Commercial Lawyers starts with the facts, contract and evidence.
This helps you avoid guessing, reacting under pressure or choosing a route before you know whether it fits.
1. Clarify the dispute
The team reviews what has happened, what is being claimed and what the other side has said.
This may include payment disputes, delay issues, defect allegations, variation claims or disputed contract terms.
2. Review the contract and evidence
The contract, notices, invoices, correspondence and project records are reviewed so your position can be understood before action is taken.
3. Check whether adjudication fits
Adjudication may be an option, but it is not always the first answer.
The right route may depend on the contract, the value of the dispute, the available evidence, timing and the commercial reason to proceed.
4. Prepare the next step
If adjudication is suitable, My Commercial Lawyers can support the preparation and conduct of the adjudication process where appropriate.
If another route is more suitable, the team can explain what that route may involve.
Support with adjudication from first review to next step
My Commercial Lawyers may help with:
Adjudication suitability review
A review of whether adjudication is likely to fit the dispute, contract, evidence and commercial position.
Notice of adjudication
Support with preparing or reviewing the notice of adjudication so the dispute is clearly identified.
Referral notice
Support with preparing the referral notice and setting out the case, evidence and remedy sought.
Responding to adjudication
Support if another party starts adjudication against you and you need to respond within a short timeframe.
Payment dispute advice
Advice on unpaid invoices, payment notices, pay less notices, final accounts and payment terms.
Contract dispute advice
Advice linked to JCT, NEC and bespoke construction contracts where adjudication may be suitable.
Evidence review
Review of the documents that may matter, including contracts, invoices, notices, emails, site records, photographs and payment history.
Litigation conduct where suitable
If the dispute moves beyond adjudication or needs enforcement support, My Commercial Lawyers can conduct litigation where suitable.
The Adjudication Process
What usually happens in construction adjudication?
The exact process depends on the contract and dispute, but adjudication usually involves these stages.
1. Review the dispute
The first step is to understand the facts, contract and evidence.
This helps decide whether adjudication is the right route.
2. Serve the notice of adjudication
The referring party serves a notice setting out the dispute and the remedy sought.
3. Appoint the adjudicator
An adjudicator is appointed, either by agreement or through an adjudicator nominating body.
4. Prepare the referral notice
The referring party sets out the case in detail and provides the documents relied on.
5. Respond to the referral
The responding party usually has a short time to reply.
6. Further submissions may be requested
The adjudicator may ask for more information or allow further submissions.
7. The adjudicator gives a decision
The adjudicator gives a decision within the required timeframe, unless that timeframe is extended.
The decision is usually binding unless and until it is challenged or dealt with through later proceedings.
Know the scope, fee and timeline before each instruction begins
My Commercial Lawyers works on a fixed fee instruction basis.
A construction adjudication matter may involve more than one instruction. For example, one case may include several separate stages, such as reviewing the contract, advising on the position, preparing a notice, responding to adjudication, preparing submissions or taking enforcement steps where suitable.
Each instruction is scoped before it begins.
This means you know:
What work will be carried out
What the fee is for that instruction
What the expected timeline is
What is included
What is not included
What may need a separate instruction later
This helps keep the process clear and reduces the risk of confusion about fees, scope or timing.
The aim is clear advice, clear scope and practical next steps before you spend money on the wrong action.
Clear advice before you start adjudication
A construction adjudication can move quickly. That means your first step should be careful, not rushed.
My Commercial Lawyers helps you understand:
- Whether adjudication fits the dispute
- Whether the contract supports the route
- What evidence you need
- What the other side may argue
- What the next instruction may involve
- What the fixed fee and timeline are for that instruction
You can check whether your matter fits before committing to the next step.
My Commercial Lawyers is authorised and regulated by the Bar Standards Board.
What Happens After You Enquire
Share the key facts first
You do not need to know whether adjudication is the right route before you enquire.
Start by sharing the issue, contract and key facts.
1. Complete the website form
Tell the team what has happened and what help you need.
2. Join your Trello matter board
After submitting the form, follow the instructions to download Trello and join your matter board.
3. Upload the key documents
Share the contract, invoices, notices, emails, payment records and any evidence linked to the dispute.
4. Suitability is reviewed
The team reviews the facts, contract and evidence to check whether this is something they can help with.
5. The next step is confirmed
If suitable, the next step, fixed fee instruction, client care letter and invoice are arranged before work begins.
Value Offer
What to prepare before asking about adjudication
Before you ask whether adjudication is the right route, gather the documents that show what happened.
Useful documents may include:
- The signed contract
- Any JCT, NEC or bespoke contract terms
- Invoices and payment applications
- Payment notices or pay less notices
- Email correspondence
- Site records
- Photographs
- Valuations
- Variation records
- Evidence of completed work
- The other side’s response or dispute
If you are not sure what to send, start with the contract, invoice and key emails.
Construction adjudication FAQs
What is construction adjudication?
Construction adjudication is a process used to resolve certain construction disputes, often involving payment, contracts, delays, defects or project issues. It can be quicker than court, but it still needs careful preparation.
Is adjudication always the right route?
No. Adjudication may help with some construction disputes, but it is not right for every matter. The right route depends on the facts, contract, value and evidence.
Can adjudication help with an unpaid construction invoice?
It may help where the dispute falls within the right construction contract framework and the evidence supports the claim. The contract, payment terms, notices and correspondence should be reviewed first.
Can you help if we have received an adjudication notice?
Yes. If another party has started adjudication, you may need to act quickly. Share the notice, contract and key documents so the team can review what has happened.
What should we send before asking about adjudication?
Send the contract, invoice, payment records, notices, emails and any documents linked to the dispute. Include what the other side has said.
How quickly does adjudication happen?
Adjudication is usually a fast process. The exact timing depends on the contract, appointment of the adjudicator, submissions and whether any extensions apply.
Do you work on a fixed fee?
My Commercial Lawyers works on a fixed fee instruction basis. Each instruction is scoped before it begins, so you know the work, fee and expected timeline for that instruction.
Contact Our Barristers & Solicitors
Get in touch with our team for trusted legal advice and support.
Whether you are facing a construction dispute, dealing with regulatory prosecution, or require expert advice on compliance issues, we are here to provide clear, strategic legal support.
reception@mycommerciallawyers.com
Phone
+44 (0) 208 087 4177
Office Address
7 Bell Yard, London, WC2A 2JR
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