Construction Adjudication Process: A Guide to Timescales, Costs and Enforcement

What is construction adjudication?

Construction adjudication is a statutory, fast-track procedure in which an independent adjudicator decides a dispute under a construction contract, and the decision binds the parties unless and until the dispute is finally resolved by litigation, arbitration or agreement. It is a form of temporary finality: the parties must comply now and can argue later.

Section 108 of the Construction Act gives a party to a construction contract "the right to refer a dispute arising under the contract for adjudication", and it defines "dispute" to include any difference. The contract must contain written provisions that, among other things, allow a party to give notice of adjudication at any time, provide a timetable to appoint the adjudicator and refer the dispute within seven days of that notice, require a decision within 28 days of referral, require the adjudicator to act impartially, and allow the adjudicator to take the initiative in establishing the facts and the law. Where a contract does not meet those requirements, the adjudication provisions of the Scheme for Construction Contracts (England and Wales) Regulations 1998 apply in their place.

The policy behind the regime is cash flow. Projects depend on money moving down the contractual chain, and a dispute that takes years in court can sink a subcontractor long before judgment. The Court of Appeal captured the trade-off in Carillion Construction Ltd v Devonport Royal Dockyard Ltd in November 2005, observing that "the need to have the 'right' answer has been subordinated to the need to have an answer quickly". That sentence still explains how the courts approach the construction adjudication process: they enforce decisions robustly and leave errors of fact or law to be corrected in later proceedings.

Adjudication is also widely used. In November 2024 King's College London's Centre of Construction Law and Dispute Resolution, working with the Adjudication Society, published its third report on construction adjudication in the United Kingdom. It found that adjudicator nominating bodies had received 2,264 referrals in the past year, the highest level on record, and that the leading causes of disputes were inadequate contract administration and a lack of competence among project participants.

Which contracts the construction adjudication process covers

The construction adjudication process applies to any "construction contract" as defined in sections 104 and 105 of the Construction Act, for work in England, Wales or Scotland, subject to a short list of exclusions. The definition is broad, so the first question in any dispute is usually whether an exclusion applies.

A construction contract is an agreement to carry out construction operations, to arrange for others to carry them out, or to provide labour for them. It also covers architectural, design and surveying work and advice on building, engineering, interior or exterior decoration or the laying-out of landscape in relation to construction operations, so consultants' appointments are within the regime as well as building contracts and subcontracts. Contracts of employment are excluded. "Construction operations" covers the construction, alteration, repair and demolition of buildings and structures, and the Act then carves out:

• Oil, gas and minerals. Drilling for or extracting oil or natural gas, and extracting minerals, including tunnelling or boring and the construction of underground works for that purpose.
• Process plant. Assembly, installation or demolition of plant or machinery, or erection of steelwork to support or access it, on a site where the primary activity is nuclear processing, power generation, water or effluent treatment, or the production, processing or bulk storage of chemicals, pharmaceuticals, oil, gas, steel or food and drink.
• Supply only. Manufacture or delivery to site of components, equipment, materials, plant or machinery, unless the contract also provides for their installation.
• Artistic works. Making, installing and repairing artistic works such as sculptures and murals.

Section 106 excludes a contract with a residential occupier, meaning one that principally relates to operations on a dwelling which one of the parties occupies or intends to occupy as a residence. A homeowner's extension is outside the statutory scheme, although a developer building homes for sale is not. For contracts entered into from 1 October 2011, section 107, which confined the Act to contracts in writing, has been repealed, so oral and partly written contracts are now covered too. Parties drafting or reviewing terms should also bear in mind the wider rules on unlawful terms in a B2B contract, and developers often bring in real estate and property lawyers alongside construction counsel when an appointment or development agreement straddles both areas.

Parties can choose their own adjudication rules, such as the procedures in the standard form contracts or those published by nominating bodies, provided they meet the section 108 minimum. If they do not, the Scheme is implied. This guide uses the Scheme for England and Wales as the baseline; Scottish projects follow the Scottish version of the Scheme, and the Act allows that version to give the courts specific powers relating to adjudication.

The construction adjudication process step by step

Under the Scheme, the construction adjudication process runs through five stages: a notice of adjudication, the appointment of an adjudicator, the referral notice within seven days, a response, and a decision within 28 days of referral. Each step has its own rules, and a mistake early on can give the other side a jurisdictional defence later.

1. Notice of adjudication. The referring party gives written notice to every other party to the contract. Paragraph 1 of the Scheme requires the notice to set out briefly the nature and a brief description of the dispute and of the parties involved, details of where and when the dispute arose, the nature of the redress sought, and the names and addresses of the parties, including any addresses for service of notices. The notice defines the dispute, so it fixes the adjudicator's jurisdiction.
2. Appointing the adjudicator. If the contract names an adjudicator, the referring party asks that person to act, and the person must indicate within two days of receiving the request whether they are willing. Otherwise the request goes to the adjudicator nominating body named in the contract, or to any nominating body, which must communicate its selection within five days of receiving the request. The adjudicator must be a natural person acting personally, must not be an employee of a party, and must declare any interest in the matter.
3. Referral notice. The referring party must refer the dispute to the adjudicator "not later than seven days from the date of the notice of adjudication", with copies of, or relevant extracts from, the contract and the documents it relies on. The referral notice is the claimant's full case, normally with witness statements and expert evidence.
4. Response and further submissions. The Scheme does not fix a time for the responding party's answer; the adjudicator gives directions. According to a Pinsent Masons Out-Law guide, adjudicators typically require a response within seven days, and an extension to 14 days is usually agreed. Replies, site visits, meetings and expert input may follow, and paragraph 13 of the Scheme lets the adjudicator request documents, meet the parties, visit the site and appoint experts after notifying the parties.
5. Decision. The adjudicator must reach a decision within 28 days of receiving the referral notice, extendable as explained below. The parties must comply with it immediately on delivery unless the adjudicator directs otherwise, and the adjudicator must give reasons if a party asks for them.

The table below sets out the statutory timetable under the Scheme for England and Wales.

Step	Time limit under the Scheme	Who acts
Notice of adjudication	At any time	Referring party
Named adjudicator confirms willingness	Within 2 days of the request	Named adjudicator
Nominating body selects adjudicator	Within 5 days of the request	Adjudicator nominating body
Referral notice served	Not later than 7 days from the notice of adjudication	Referring party
Response	As directed by the adjudicator	Responding party
Decision	28 days from receipt of the referral notice	Adjudicator
Extended decision	Up to 42 days with the referring party's consent, or longer if both parties agree	Adjudicator, with consent
Correction of slips	Within 5 days of delivering the decision	Adjudicator

How long does adjudication take?

An adjudication normally takes about five weeks from notice to decision: up to seven days to appoint the adjudicator and serve the referral, then 28 days for the decision. The Construction Act lets the adjudicator extend the 28 days by up to 14 days with the referring party's consent, and the parties can agree a longer period after referral.

Paragraph 19 of the Scheme puts this into practice: the decision is due within 28 days of the referral notice, within 42 days if the referring party consents, or within any longer period the parties agree after the referral. The Technology and Construction Court Guide describes this as "a mandatory 28-day period within which the entire adjudication process must be completed". The responding party has no right to an extension, which is one reason why defending an adjudication is demanding: the claimant may have spent months preparing a referral that the defendant has days to answer.

Two points often surprise parties. First, the timetable is strict, so adjudicators and parties track the deadline closely and agree any extension before it expires. Second, the clock does not stop for complexity. Large final account or delay claims can be adjudicated, but the adjudicator must still decide within the statutory or agreed period, so parties sometimes agree a longer timetable at the outset of a substantial dispute. The adjudicator may also correct a clerical or typographical error arising by accident or omission, under section 108(3A) of the Act, and under the Scheme that must be done within five days of delivering the decision.

After the decision, payment of a sum the adjudicator finds due under the payment provisions must be made within seven days of the decision or by the original final date for payment, whichever is later, under section 111(9) of the Act. If the losing party refuses to pay, enforcement proceedings in the courts add several more weeks, as explained below.

Adjudication costs: who pays and how much

In adjudication each party usually bears its own legal and expert costs, whatever the outcome, while the adjudicator's fees and expenses are paid by the parties as the adjudicator directs, with both parties remaining liable for them if one does not pay. That cost rule is a major difference from litigation, where the loser usually pays a substantial part of the winner's costs.

The adjudicator is entitled to reasonable fees and expenses under paragraph 25 of the Scheme and may apportion them between the parties. The parties are jointly and severally liable for any sum that remains outstanding, so the adjudicator can pursue either party for the whole amount even if the decision allocated the fees to the other. The Scheme also requires the adjudicator to avoid incurring unnecessary expense.

Contract terms that try to shift adjudication costs are restricted. Under section 108A of the Act, which applies to contracts from 1 October 2011, a contractual provision about how the parties' costs of the adjudication are allocated is ineffective unless it is in writing, contained in the construction contract and confers power on the adjudicator to allocate his fees and expenses between the parties, or it is made in writing after notice of intention to refer the dispute has been given. The Pinsent Masons guide notes it is arguable that a clause allocating both the parties' own costs and the adjudicator's fees is wholly ineffective.

The rule stopped the practice of clauses making the referring party pay all costs, which deterred smaller firms from adjudicating.

For low value claims, the Construction Industry Council developed the Low Value Disputes Model Adjudication Procedure. As announced in February 2020 by Martin Burns of the Royal Institution of Chartered Surveyors, it is intended for relatively uncomplicated disputes where the amount claimed is £50,000 or less, and it sets a ceiling of £6,000 on adjudicators' fees. King's College London's 2024 research found that almost 20% of referrals used a low value or fast-track procedure or an equivalent.

The bigger cost is usually the parties' own legal and expert fees, which are not published in any official schedule and vary with the size of the claim, the volume of documents and the need for expert evidence. Because those costs are normally irrecoverable, parties should weigh them against the sum in dispute before starting. Some claimants look at external finance for larger disputes; our guide to litigation funding in the UK explains how third-party funding works and how the courts have treated funders' returns.

Is an adjudicator's decision binding?

Yes. An adjudicator's decision is binding and must be complied with until the dispute is finally determined by legal proceedings, by arbitration if the contract provides for it or the parties agree, or by agreement. The parties can also agree to accept the decision as finally determining the dispute.

That rule comes from section 108(3) of the Construction Act and paragraph 23(2) of the Scheme. The decision is not an appeal-proof judgment: either party can later start court or arbitration proceedings in which the dispute is heard afresh, and the Pinsent Masons guide notes that those later proceedings are not an appeal but a fresh hearing of the dispute. Until then, however, the money must be paid or the step taken.

Two consequences follow. First, a losing party cannot avoid paying by starting proceedings: it must pay and then sue. Second, a party cannot simply have another try in a second adjudication. Paragraph 9(2) of the Scheme requires an adjudicator to resign if the dispute is the same or substantially the same as one already referred to adjudication and decided, so the decided issue stays decided until a court or tribunal says otherwise. Disputes over whether a new claim is really the same dispute are a frequent source of enforcement challenges.

The adjudicator has a protected position too. Under section 108(4) and paragraph 26 of the Scheme, the adjudicator is not liable for anything done or omitted in carrying out the role unless it is in bad faith, and the same protection extends to the adjudicator's employees and agents.

Enforcing an adjudicator's decision in the TCC

If the losing party does not pay, the winner enforces the decision by issuing court proceedings and applying for summary judgment, and in England and Wales this is ordinarily done in the Technology and Construction Court (TCC), which runs an expedited procedure designed to match the speed of adjudication.

Section 9 of the Technology and Construction Court Guide sets out the procedure. There is no special claim form for adjudication business: enforcement proceedings normally seek a money judgment, so a Part 7 claim is usually appropriate. The claim form identifies the construction contract, the adjudicator's jurisdiction, the procedural rules used, the decision, the relief sought and the grounds. It is accompanied by an application notice, usually seeking abridged time for the procedural steps and summary judgment under CPR Part 24, and by witness evidence including the notice of adjudication and the decision.

• Directions on paper. A TCC judge will ordinarily give directions on the procedural application within three working days of the application notice reaching the listing office, without a hearing.
• Hearing date. The directions ordinarily fix an enforcement hearing within about six to eight weeks, and give the defendant at least 14 days from service to serve any evidence in opposition.
• Default judgment. If the defendant does not acknowledge service, the claimant may be able to enter judgment in default, which the Guide says is generally preferable to an expedited hearing because it reduces costs.

The grounds for resisting enforcement are narrow. In Carillion v Devonport the Court of Appeal held that the court will not enforce a decision made in excess of the adjudicator's jurisdiction or in serious breach of the rules of natural justice, and that challenges should be confined to cases where it is plain that the question decided was not the question referred, or the manner in which the adjudicator went about the task was obviously unfair. An adjudicator who simply gets the facts or the law wrong will still be enforced.

The TCC Guide lists the typical jurisdictional questions: whether there is a construction contract within the meaning of the Act, and whether the matters raised in the adjudication fall within its permissible scope, in particular whether they were the subject of a pre-existing dispute between the parties.

Where jurisdiction is genuinely in doubt, a party may ask the TCC for a declaration at the start of the adjudication instead of waiting for enforcement, a route the Guide recognises can save both sides the cost of an adjudication whose decision might later be unenforceable. Advisers handling disputes across borders will also find the mechanics different from those for enforcing a foreign judgment, since an adjudicator's decision is enforced by obtaining a domestic court judgment first.

Payment disputes and "smash and grab" adjudications

Many adjudications are about interim payments, and the most common is a "smash and grab" claim: if the paying party fails to serve a valid payment notice or pay less notice in time, the payee can adjudicate to recover the sum it applied for, without the adjudicator deciding what the work is really worth.

The payment rules sit in sections 109 to 113 of the Construction Act. A party is entitled to stage or periodic payments unless the work is specified or agreed to last less than 45 days. The contract must say how and when payments become due, and the payer, or a specified person, must give a payment notice within five days of the payment due date stating the sum considered due and how it was calculated. If the payer gives no notice, the payee may give its own, and where the contract provides for payment applications, a valid application made in time counts as that notice.

The payer must pay the notified sum by the final date for payment unless it serves a pay less notice within the prescribed period. Where the contract is silent, the Scheme supplies defaults: the final date for payment is 17 days after the sum becomes due, and a pay less notice must be given not later than seven days before that final date. Conditional "pay when paid" clauses are ineffective except where a party up the chain is insolvent, and a payee who is not paid may suspend performance on at least seven days' written notice.

The leading authority on what a paying party can do after losing a smash and grab adjudication is S&T (UK) Ltd v Grove Developments Ltd, decided by the Court of Appeal on 7 November 2018 in a judgment given by Sir Rupert Jackson. The court held that an employer who has failed to serve a timely payment notice or pay less notice can still refer the true value of the interim application to adjudication, but it must first comply with its immediate obligation under section 111 to pay the notified sum. It cannot start a "true value" adjudication while withholding payment, because the adjudication regime is subordinate to the prompt payment regime.

In practice that makes administration decisive. A paying party that misses a notice deadline must pay the sum applied for and then argue about value, which can be a severe cash flow hit on a large application. A payee, by contrast, needs to make sure its application is valid and served on time. King's College London's finding that inadequate contract administration is a leading cause of disputes fits this pattern: many adjudications turn on notices, dates and the contents of payment documents rather than on the quality of the building work.

Adjudication and insolvency

A company in liquidation can use the construction adjudication process, including where its claim is subject to insolvency set-off, but the court may refuse or stay enforcement of a resulting decision where there is a real risk that the paying party would not get its money back.

The UK Supreme Court settled the point in Bresco Electrical Services Ltd v Michael J Lonsdale (Electrical) Ltd on 17 June 2020. Lord Briggs, with whom the other justices agreed, held that the operation of insolvency set-off does not remove the underlying dispute from the adjudicator's jurisdiction, and that the courts should rarely grant an injunction to stop an adjudication as futile. The court said that "construction adjudication, on the application of the liquidator, is not incompatible with the insolvency process". Concerns about enforcing a decision in favour of an insolvent company belong at the enforcement stage, where the court can refuse summary judgment, or grant it with a stay of execution or subject to undertakings.

For a contractor dealing with an insolvent subcontractor or employer, the result is that adjudication remains available but enforcement becomes the real battleground. Advice from insolvency and restructuring advisers is often needed alongside construction advice, and the position differs again where a party has entered administration rather than liquidation, so the type of insolvency process should be checked first.

Adjudication vs arbitration vs litigation

Adjudication is quick and provisionally binding; arbitration and litigation are slower but give a final determination. Most construction contracts let a party adjudicate first and then take the dispute to the court or, if the contract provides for it, to arbitration, so the methods are steps in a sequence as much as alternatives.

Feature	Adjudication	Arbitration	Litigation
Basis	Statutory right under the Construction Act or contract rules	Arbitration agreement in the contract or agreed later	Court jurisdiction; construction claims in England and Wales are typically heard in the TCC
Timetable	Referral within 7 days of notice; decision in 28 days, extendable	Set by the tribunal and the chosen rules	Set by court rules and case management
Effect of decision	Binding until finally determined by litigation, arbitration or agreement	Final determination of the dispute	Final determination, subject to appeal
Costs	Each party usually bears its own; adjudicator's fees apportioned, parties jointly liable	Governed by the arbitration agreement and rules	Court decides; the loser usually pays a share of the winner's costs
Best suited to	Payment, valuation and variation disputes needing a fast answer during the project	Final resolution, especially in international projects where enforcement abroad matters	Final resolution, complex multi-party claims and enforcement of adjudication decisions

The choice between arbitration and court for the final round is usually made in the contract. On cross-border projects the arbitration clause matters a great deal: our explainers on the seat of arbitration and why it differs from the venue and on whether arbitration awards can be enforced internationally cover the points that drive that decision. Dispute resolution specialists can advise on which forum fits a particular claim.

Cross-border projects: adjudication in Ireland and beyond

Statutory adjudication is not unique to the UK, but the rules differ from country to country, and Ireland's regime is a useful contrast because it is narrower: the Construction Contracts Act 2013 gives a right to adjudicate payment disputes only.

Under section 6 of the Irish Act, a party may refer "any dispute relating to payment arising under the construction contract" to adjudication by serving notice at any time. The parties have five days from the notice to agree an adjudicator, either of their own choice or from a ministerial panel, failing which the chair of the panel appoints one. The referring party must refer the dispute within seven days of the appointment, and the adjudicator must decide within 28 days of referral, extendable by up to 14 days with the referring party's consent or longer by agreement.

Each party bears its own legal and other costs, and the decision binds until the dispute is finally settled or a different decision is reached in arbitration or court proceedings. A binding decision is enforceable by action or, with the leave of the High Court, in the same manner as a judgment of that court. If the amount awarded is not paid within seven days of the decision, the party owed the money may suspend work on notice.

The Irish Act also excludes contracts worth €10,000 or less, and contracts relating only to a dwelling of no more than 200 square metres where one party occupies or intends to occupy it as a residence. For a group with projects in Dublin, Edinburgh and London, the practical lesson is that the adjudication clause, the payment mechanism and the dispute resolution route must be checked contract by contract. Labour and supply chain rules also vary, as our earlier piece on joint and several liability for wage claims in the construction sector illustrates. Advisers in the Republic of Ireland and projects lawyers who work across jurisdictions can advise on the local regime before a dispute arises.

Preparing for adjudication and finding a construction adviser

The best preparation for the construction adjudication process starts before any dispute: keep contract records, notices and correspondence in order, diarise payment and pay less deadlines, and take advice as soon as a dispute crystallises, because the responding party may have only days to answer a referral prepared over months.

A first meeting with an adviser is faster and more useful when the client brings:

• The contract. The signed contract or appointment, any amendments, and the adjudication and payment clauses, including any named adjudicator or nominating body.
• The payment trail. Applications, payment notices, pay less notices and certificates, with the dates each was sent and received.
• The dispute history. Correspondence showing when the claim was made and rejected, so the adviser can judge whether a dispute has crystallised and what exactly it is.
• Project records. Programmes, variation instructions, site diaries and any expert or quantity surveyor reports already obtained.
• Counterparty position. Any sign of financial difficulty in the other party, which affects whether adjudication, enforcement or security should be the priority.

With that material, an adviser can usually say quickly whether adjudication is available, whether to start or wait, how to answer a referral already received, and what an enforcement fight might look like. Readers can search for construction lawyers and advisers or browse advisers in the United Kingdom in the Corporate INTL directory, or describe the matter in the "Looking for legal or business advice?" enquiry form and the Corporate INTL team will help find a suitable member.

The construction adjudication process: key takeaways

The construction adjudication process gives any party to a construction contract in the UK a binding decision in about five weeks, and the courts enforce those decisions with very few exceptions. Its strengths are speed and cash flow; its costs are that each side usually pays its own legal fees and that the answer may later be revisited in court or arbitration. The case law has settled the main boundaries: decisions are enforced unless the adjudicator exceeded jurisdiction or acted unfairly, a paying party must pay a notified sum before arguing true value, and insolvent companies can adjudicate, with risks managed at enforcement. For cross-border groups, the regime in each jurisdiction differs, as Ireland's payment-only Act shows.

The firms that do best in adjudication are those whose notices and records are already in order when the dispute begins.

Frequently asked questions

What is the construction adjudication process?

It is a statutory procedure under the Housing Grants, Construction and Regeneration Act 1996 for deciding disputes under construction contracts quickly. A party serves a notice of adjudication, an adjudicator is appointed, the dispute is referred within seven days, and the adjudicator decides within 28 days. The decision binds the parties until the dispute is finally resolved.

How long does it take for an adjudication decision?

The adjudicator must decide within 28 days of receiving the referral notice, which itself must be served within seven days of the notice of adjudication. The adjudicator can extend the period to 42 days with the referring party's consent, and both parties can agree a longer period after the referral.

Is an adjudicator's decision legally binding?

Yes. It is binding and must be complied with until the dispute is finally determined by legal proceedings, arbitration or agreement. The losing party must pay or comply first and can then start court or arbitration proceedings, in which the dispute is heard afresh rather than as an appeal.

Who pays the costs of adjudication?

Each party normally bears its own legal and expert costs. The adjudicator's reasonable fees and expenses are apportioned by the adjudicator where permitted, and the parties are jointly and severally liable for any unpaid amount. Contract terms allocating adjudication costs are ineffective unless they meet the conditions in section 108A of the Construction Act.

Do adjudicators get paid?

Yes. Under the Scheme for Construction Contracts the adjudicator is entitled to reasonable fees and expenses, and the parties are jointly and severally liable for any sum outstanding. Under the Construction Industry Council's Low Value Disputes procedure for claims of £50,000 or less, adjudicators' fees are capped at £6,000.

What is the difference between an adjudicator and an arbitrator?

An adjudicator gives a fast decision, usually within 28 days, that binds only until the dispute is finally determined. An arbitrator is appointed under an arbitration agreement and makes a final award on the dispute. Many construction contracts allow a party to adjudicate first and then refer the dispute to arbitration or the court.

Can you refuse to pay an adjudicator's decision?

Only on narrow grounds. The courts will not enforce a decision made without jurisdiction or in serious breach of natural justice, but an error of fact or law is not enough. Otherwise the winning party can obtain summary judgment in the Technology and Construction Court, usually at a hearing about six to eight weeks after directions.

What is a smash and grab adjudication?

It is an adjudication in which a payee recovers the amount it applied for because the paying party failed to serve a valid payment notice or pay less notice in time. Following S&T v Grove in 2018, the paying party must pay that notified sum before it can start a separate adjudication about the true value of the work.

Does the construction adjudication process apply to homeowners?

No. Section 106 of the Construction Act excludes contracts with a residential occupier, meaning contracts principally relating to work on a dwelling that one of the parties occupies or intends to occupy as a residence. The parties can still agree to adjudicate, but there is no statutory right.

Sources

1. Housing Grants, Construction and Regeneration Act 1996, Part II, legislation.gov.uk
2. Scheme for Construction Contracts (England and Wales) Regulations 1998, legislation.gov.uk
3. Courts and Tribunals Judiciary: The Technology and Construction Court Guide, Section 9 (adjudication business)
4. Carillion Construction Ltd v Devonport Royal Dockyard Ltd [2005] EWCA Civ 1358, Find Case Law
5. S&T (UK) Ltd v Grove Developments Ltd [2018] EWCA Civ 2448, Find Case Law
6. Bresco Electrical Services Ltd v Michael J Lonsdale (Electrical) Ltd [2020] UKSC 25, Find Case Law
7. King's College London: King's publishes third construction adjudication report focusing on key trends (20 November 2024)
8. Construction Industry Council: Making adjudication affordable for SMEs (20 February 2020)
9. Pinsent Masons Out-Law: The UK adjudication process
10. Construction Contracts Act 2013 (Ireland), Irish Statute Book

About this article

This guide was researched and written by The Corporate INTL Newsroom, which covers cross-border legal, regulatory and business developments for lawyers, professional advisers and financiers. It has been checked against the Housing Grants, Construction and Regeneration Act 1996, the Scheme for Construction Contracts, the Technology and Construction Court Guide, the judgments cited and Ireland's Construction Contracts Act 2013. It describes the general position under the Scheme for England and Wales; contract-specific adjudication rules may differ. This article is general information, not legal advice; for advice on a specific matter, consult a qualified adviser. Last reviewed 22 October 2026. For more analysis like this, visit the Corporate INTL newsroom or subscribe to Corporate INTL.