How long does construction adjudication take?
Usually 28 days from the referral to the decision, or up to 42 if the referring party agrees, so about 5 to 8 weeks in all.
Updated: . By Jack Butler-Kettle, Construction Claims Consultant.
If a referral has already landed, see how to map the 28 days from the actual documents.
The answer
Section 108 of the Housing Grants, Construction and Regeneration Act 1996 sets a short, fixed timetable. You serve a notice of adjudication. The adjudicator is appointed, and the referral goes to them, within 7 days of that notice. The adjudicator must then decide within 28 days of the referral. You, as the referring party, can agree to extend that by up to 14 days. It can go longer only if both sides agree. Our adjudication timetable counts these dates from your notice. Inside the 28 days the adjudicator sets deadlines for the response, a reply and sometimes a further reply, often a week apart, and may hold a meeting. If the losing side does not pay, enforcing the decision in court is a separate step that usually takes several more weeks. The real time goes into preparation before the notice. A referral that arrives with its documents and figures in order is decided on them. A response built from scratch inside a 7-day deadline rarely is.
Example
Illustrative example. The scenario and figures are invented.
The facts
You serve a notice of adjudication over an underpayment on 1 September, and the referral follows on 5 September. You need to know when the decision is due and how long your main contractor has to answer.
What happens
- The decision is due by 3 October, or by 17 October if you, as the referring party, agree the extension.
- A response deadline of 19 September gives your main contractor 2 weeks to answer.
- Your subcontract, application, notices, records and figures go in complete with the referral, because your reply can only deal with what the response raises.
The timetable
| Step | Date |
|---|---|
| Notice of adjudication | 1 September |
| Referral | 5 September |
| Response deadline | 19 September |
| Decision due | 3 October |
| Decision due if the referring party agrees the extension | 17 October |
The outcome
The decision is due by 3 October, or 17 October with your agreement. Your case has to be ready before the referral goes in on 5 September.
Underpayment Claim builds the documents and the figures before the clock starts.