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Referral notice: definition and example

The referring party’s case and evidence in an adjudication; if you are responding, check the timetable you receive and seek prompt advice.

By Jack Butler-Kettle · Updated

Guidance for England and Wales. Check the contract, amendments and facts that apply to your job.

What it means in practice

Read this alongside paragraph 7 of Part I of the Scheme for Construction Contracts (England and Wales) Regulations 1998.

The referral presents the referring party's case, remedy and evidence in an adjudication. It should be consistent with the dispute identified in the notice of adjudication. A respondent needs to understand the actual directions and timetable rather than assume a standard response period from general guidance.

Organise documents against the issues and obtain prompt procedural advice. Counterclaim defence can support the underlying response within an agreed scope; formal representation requires confirmation.

Worked example

The facts

A subcontractor receives a referral alleging defects and associated costs.

What happens

  1. It identifies the decision sought, documents relied on and response deadline.

  2. It gathers the relevant installation, inspection and handover evidence by disputed item.

What this shows

A structured response starts with the actual case and directions, without assuming that more time will be available.

Sources

  1. Scheme for Construction Contracts (England and Wales) Regulations 1998, SI 1998/649, Schedule, Part I, para 7 (Notice of intention to seek adjudication). legislation.gov.uk.