Construction adjudication can help with some payment and contract disputes. It can give construction businesses a faster route than court in the right matter.
But it is not right for every dispute.
Before you start adjudication, check the contract, evidence, value and commercial goal. You need to know whether adjudication fits your dispute before spending money on the wrong step.
1. Check whether there is a construction contract
Adjudication usually depends on the contract and the type of work involved.
Start by checking:
- Is there a written contract?
- Are there signed terms and conditions?
- Is the agreement partly written and partly agreed by email?
- Does the work fall within a construction contract?
- Does the contract include adjudication terms?
- Are JCT, FIDIC, NEC or other standard terms involved?
Do not assume adjudication is available just because the dispute is linked to construction.
The contract should be checked first.
If the contract is unclear, gather the documents that show what was agreed. This may include emails, quotes, purchase orders, payment applications and site instructions.
2. Check whether the dispute is clear enough
Adjudication works best when the dispute is clear enough to be decided.
Ask:
- What exactly is being disputed?
- Is it about payment?
- Is it about delay?
- Is it about defects?
- Is it about variations?
- Is it about final account sums?
- Has the other side clearly said why they will not pay?
A vague complaint may not be ready for adjudication.
For example, if the other side says “the work is not right” but gives no details, you may need to understand the allegation before deciding the next step.
If the dispute is not clear, a formal response or further evidence gathering may be needed first.
3. Check payment notices and pay less notices
If the adjudication is about payment, notices can matter.
Check whether there are:
- Applications for payment
- Payment notices
- Pay less notices
- Final date for payment
- Contract payment terms
- Emails about payment
- Any response disputing the amount
Put the dates in order.
A simple timeline can help show:
- When payment was applied for
- When payment was due
- Whether the other side responded
- Whether they served any notice
- Whether they raised defects, delay or set-off arguments
Payment disputes can turn on timing and process. Do not start adjudication until those dates have been checked.
4. Check whether your evidence is ready
Adjudication can move quickly, so weak or scattered evidence can make the process harder.
Useful evidence may include:
- The contract
- Terms and conditions
- Applications for payment
- Invoices
- Payment notices
- Pay less notices
- Email threads
- Site records
- Photos
- Variation instructions
- Delay records
- Programme records
- Completion records
- Defect reports
- Meeting notes
Your evidence should show what happened, what was agreed and why your position is supported.
If the evidence is incomplete, adjudication may still be possible. But you need to understand the risk before starting.
5. Check whether the amount justifies the cost
Adjudication may be faster than court, but it still costs time and money.
Before starting, check whether the dispute is commercially worth pursuing.
Consider:
- How much is owed
- Whether the other side can pay
- How strong the evidence is
- Whether the contract supports your position
- Whether adjudication could lead to a useful decision
- Whether the cost is proportionate
- Whether another route may resolve the issue first
This is important for lower-value disputes.
Sometimes it may be better to send a formal letter, negotiate, or take another step before adjudication.
You should not start adjudication just because the other side is being difficult. The route should make commercial sense.
6. Check whether another route may fit better
Adjudication is one option. It is not the only option.
Depending on the dispute, other routes may include:
- Negotiation
- A formal response
- A legal letter
- Settlement discussions
- Litigation
- Debt recovery
- Another contract-based step
Adjudication may fit where the dispute is ready, the evidence is clear and a decision is needed.
It may not fit where:
- The contract position is unclear
- The evidence is weak
- The dispute is too broad
- The value does not justify the cost
- The other side has raised serious defects or delay issues that need more review
- A formal letter could move the issue forward first
The right route depends on the facts, contract and evidence.
Common mistakes before starting adjudication
Construction businesses often look at adjudication when chasing has stopped working.
That is understandable.
But avoid these mistakes:
- Starting before checking the contract
- Assuming adjudication is always available
- Ignoring payment notices
- Treating a wider construction dispute as simple debt recovery
- Relying only on verbal agreements
- Starting with incomplete evidence
- Choosing adjudication only because it sounds faster
- Forgetting to check whether the dispute is worth pursuing
A fast route is only useful if it is the right route.
When should you get advice?
You should consider advice if:
- Payment has not arrived after repeated chasing
- The other side disputes the amount owed
- You are unsure whether notices were served correctly
- The contract wording is unclear
- Delay, defects or variations are being used to avoid payment
- You are considering adjudication but do not know if it fits
- The dispute is affecting cash flow or project progress
A quick answer only helps if it is based on the facts, contract and evidence.
How My Commercial Lawyers can help
My Commercial Lawyers helps UK construction businesses and construction professionals understand whether adjudication is the right step for a payment, contract or project dispute.
The team reviews the issue, contract and evidence before advising on the next step.
That may include adjudication, negotiation, a formal response, litigation or another route, depending on the dispute.
My Commercial Lawyers works on a fixed instruction fee basis. The scope and fee for each instruction are confirmed before that instruction begins.
Final thoughts
Construction adjudication can be useful when the dispute is ready and the evidence supports it.
But it should not be the automatic next step.
Before you start, check the contract, the notices, the evidence, the value and the likely route.
You need to know whether adjudication fits before spending more money.
Your next step
If you are dealing with a payment, contract or project dispute, book a consultation so the team can review the issue, contract and key facts.
Share the issue, contract and key facts so the team can review whether adjudication is the right route or whether another step may fit better.