Is adjudication worth it for a small final account dispute?
Only if what you can prove and actually collect outweighs the cost of preparing, running and enforcing it, and your own time.
Updated: . By Jack Butler-Kettle, Construction Claims Consultant.
The answer
The kind of dispute matters as much as its size. A narrow payment question, such as a disputed notice, needs less evidence than a valuation dispute over many variations. A clear notice position makes the case simpler, but never certain. Either way, the subcontract, the adjudicator's jurisdiction, the rules that apply and the procedure still need checking. Then ask whether your main contractor can actually pay, and what enforcing a decision would cost. Consider cheaper options first, such as a firm negotiated request or a staged review. If a low-cost or capped-fee scheme is said to apply, check that it does rather than assuming it.
Example
Illustrative example. The scenario and figures are invented.
The facts
Two disputes are each worth £15,000, and the question is whether adjudication is worth it for either. The first is about one application and disputed notices, with a short paper trail. The second covers nine variations with patchy quantities and costs.
What happens
- The first dispute may be cheaper to prepare, because the paper trail is short.
- The second may need more preparation, and collecting the money is less certain.
- Both are set against adviser fees, your own time, whether the main contractor can pay, the cost of enforcing, and the alternatives.
The outcome
The same sum does not mean the same route or result, so each £15,000 dispute is decided on its own comparison.
Our Final Account Claim values each disputed head before any referral, and prepares adjudication only where the sums justify it.