Adjudication: How to Get Paid in 28 Days

‍‌​​‌​‌‌​​‌​​‌​‌​​‌‌​‌‌​‌‍When a main contractor won't pay, adjudication is the Construction Act's built-in emergency exit. You can start it at any time, get a decision in about a month, and use that to force payment while any longer argument rumbles on.

This is general guidance only and is not legal advice. Adjudication is high-stakes and technical; always get proper legal advice or a specialist involved before you pull the trigger.

1. WHAT ADJUDICATION ACTUALLY IS

Under section 108 of the Construction Act, any party to a construction contract has the right to refer a dispute to adjudication "at any time".

In practice, that means:

• It's a rapid dispute process built into every qualifying construction contract.
• An independent adjudicator (usually a construction lawyer, surveyor, engineer) decides the dispute on a tight timetable – normally 28 days from referral.
• The decision is binding for now – you must follow it unless/until a court, arbitration, or a later settlement says otherwise.

You can't contract out of this right. If the contract's adjudication clause doesn't comply, the Scheme for Construction Contracts 1998 steps in and fills the gaps.

2. WHEN YOU'D ACTUALLY USE IT

You don't use adjudication every time an invoice is a week late. You use it when:

• The sum is big enough to matter to your business (often £10k+), and
• You've chased, pointed out the notices, and they're still digging their heels in, and
• The dispute is about:
  • Unpaid interim or final payments (classic);
  • Smash-and-grab – they've missed notices, you want the notified sum;
  • Valuation, variations, or set-off;
  • Time, loss and expense, defects, etc.

For smaller amounts, you might be better off with a tight letter-before-action and small claim. For chunky sums or pattern non-payment, adjudication is often the quickest way to get money moving.

3. HOW THE PROCESS WORKS IN REAL LIFE

Different contracts have different rules, but under the Act and the Scheme the bare bones are always there.

Step 1 – "Dispute" and Notice of Adjudication

You need a dispute – usually you've applied for payment, they've underpaid or refused, and you've pushed back. Silence or a clear "no" is enough.

You draft a short Notice of Adjudication:

• Parties and contract
• What the dispute is about (e.g. unpaid notified sum of £X under Application Y)
• The redress you want (e.g. decision they must pay £X plus interest)
• Reference to the adjudication clause / Act.

That notice starts the clock.

Step 2 – Appointing the adjudicator (within about 7 days)

Check the contract:

• Is there a named adjudicator?
• Is there an Adjudicator Nominating Body (ANB), like RICS, CIArb, CIC, TeCSA?

If not, the Scheme lets you apply to a recognised ANB and ask them to appoint.

The aim is: adjudicator appointed and Referral served within 7 days of your Notice of Adjudication.

Step 3 – Referral and evidence

The Referral is your main submission. It must be sent within the timetable (often 7 days from the notice).

It usually includes:

• Background and contract summary
• Payment history and key dates
• The law you rely on (Construction Act payment and notice rules, contract clauses)
• Your valuation / calculations
• Exhibits: applications, notices, emails, programmes, photos, etc.

If you're doing a smash-and-grab, you keep it tight: focus on the notice failures and notified sum, not every gripe on the job.

Step 4 – Response, maybe a reply, then decision (around 28 days)

• The other side gets a few days to a couple of weeks to serve a Response.
• There might be a Reply from you and sometimes a Rejoinder from them if the adjudicator allows it.
• Under the Act/Scheme, the adjudicator must usually decide within 28 days of the Referral, extendable by:
  • Up to 14 days with your consent;
  • Longer if both parties agree.
• The adjudicator can take the initiative on facts and law – ask questions, call a meeting, or request more documents.

4. WHAT THE DECISION MEANS AND HOW IT'S ENFORCED

The adjudicator's decision will usually say:

• Who owes what to whom (typically £X plus interest);
• Who pays the adjudicator's fees;
• Sometimes, views on costs (but they generally can't order one side to pay the other's legal fees unless the contract allows).

Key points:

• The decision is binding immediately and must be complied with, even if one side thinks it's wrong.
• If they don't pay, you can apply to the Technology and Construction Court (TCC) to enforce it, usually via a quick summary judgment.
• The loser can still:
  • Bring a full court or arbitration case later;
  • Run a true value adjudication later to reassess the actual amount due – but recent case law says they usually have to pay the smash-and-grab award first before running a true value.

So adjudication is "pay now, argue later" by design.

5. COST AND RISK IN PLAIN NUMBERS

You called this "the nuclear option that costs you nothing". Reality check:

You usually pay:

• Your own legal/claims consultant fees;
• (Often shared) adjudicator's fees – unless the adjudicator allocates 100% to one side.

For a straightforward smash-and-grab on missed notices, real-world ballpark often looks like:

• Roughly £3k–£8k in combined professional and adjudicator fees for modest-sized claims, more for big or complex ones.
• You don't usually recover your legal fees, even if you win – adjudication is not "loser pays costs" like full litigation.

But:

• If you're chasing, say, £50k+ of unpaid or underpaid work, spending £5k to get a binding decision and a TCC-enforceable order inside a month is often a price worth paying for cashflow.

6. WHEN ADJUDICATION IS A BAD IDEA

You shouldn't hit the red button just because you're angry. Be cautious if:

• Your own payment applications and notice timing are messy – smash-and-grab may backfire if your paperwork isn't compliant.
• The dispute is mainly about quality/defects and you haven't fairly offered to put things right – the adjudicator might reduce your claim heavily.
• The other side is obviously insolvent or close – getting a decision against a dead company is pointless.
• The sum is small relative to the likely cost – don't spend £5k chasing £6k unless you really need the precedent.

Sometimes a hard late-payment letter and the threat of adjudication is enough to get paid without actually starting one.

7. WHAT A GOOD ADJUDICATION SPECIALIST DOES FOR YOU

You can't realistically DIY a serious adjudication. A switched-on construction solicitor or claims consultant will:

• Check you actually have a "dispute" and a right to adjudicate under the contract/Act;
• Map the notice and payment timeline to see if you've got a clean smash-and-grab or if it's a value fight;
• Draft the Notice of Adjudication and Referral in a way an adjudicator can get behind quickly;
• Manage deadlines, evidence, and any meetings so you're not firefighting during the 28-day sprint.

This page is guidance only and does not constitute legal advice. Using it does not make us your legal adviser. Always get advice from a qualified construction professional before starting adjudication.

What to do next

• Gather your contract, all applications/invoices, payment and pay less notices, and key emails into one folder.
• Map the notice timeline for the payment you're chasing · did they miss a deadline that gives you a smash-and-grab?
• Get a quick view from a construction adjudication specialist or claims consultant · many will assess your case for a fixed fee.
• If the numbers stack up, instruct them to draft a Notice of Adjudication and Referral.
• Budget roughly £3k–£8k for a straightforward smash-and-grab on modest claims · weigh that against what you're owed.

Sources

• Housing Grants, Construction and Regeneration Act 1996 · section 108 (right to adjudicate), section 111 (pay less notices), section 112 (right to suspend)
• Scheme for Construction Contracts (England and Wales) Regulations 1998 · adjudication procedure where the contract doesn't comply
• Local Democracy, Economic Development and Construction Act 2009 · amendments to adjudication and payment rules

Common questions

What is adjudication in construction?

Adjudication is a fast, binding dispute process under the Construction Act, decided in 28 days. An independent adjudicator's decision is enforceable in court. It costs less than going to court and you can refer a dispute at any time. Both sides usually pay their own legal costs.

Adjudication step by step guide.

What is the Construction Act?

The Construction Act is the Housing Grants, Construction and Regeneration Act 1996 (amended 2011). It gives every party in a construction contract the right to staged payments, payment notices, and adjudication. It applies to nearly all UK construction work except contracts with residential occupiers.

Payment Notice Deadlines reference card.

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