Inside the Adjudication Room: How the Process Actually Works

Once the Notice of Adjudication has been served and an adjudicator appointed, the process formally begins. What happens next is a tightly structured yet flexible procedure designed to deliver a fair, enforceable decision—usually within 25 to 35 working days.

Setting the Ground Rules

After accepting the appointment, the adjudicator issues a Notice of Acceptance and often provides a short procedural direction outlining:

• Deadlines for each submission (claim, response, reply);
• How evidence will be presented; and
• Any meetings or site inspections if needed.

Under Section 37 of the Construction Contracts Act 2002 (CCA), the adjudicator has wide discretion to manage the process, provided each party is given a reasonable opportunity to be heard.

The Claim: Building Your Case

The referring party must submit an Adjudication Claim within five working days of the adjudicator’s acceptance (unless extended). The claim should clearly set out:

• The dispute and issues to be determined;
• The relief sought (e.g., payment amount, EOT, or prolongation costs); and
• Supporting evidence such as payment schedules, emails, programmes, or expert reports.

This is the claimant’s opportunity to tell the story—logically, factually, and persuasively. A well-prepared claim not only aids understanding but also helps the adjudicator identify what is truly in dispute.

The Response: The Other Side of the Story

The responding party then has five working days to file its Response. It must directly address the issues raised, providing its own evidence and reasoning. While it can introduce new arguments, it cannot expand the dispute beyond the scope defined in the original notice.

Adjudicators appreciate focused, professional responses that separate matters of fact from opinion. Excessive rhetoric rarely helps; clarity and evidence do.

Reply, Rejoinder, and Further Submissions

The Act permits the adjudicator to allow further submissions—such as a Reply or Rejoinder—where fairness requires. Many adjudicators adopt a concise exchange:

• Claimant → Claim
• Respondent → Response
• Claimant → Final Reply

Additional submissions beyond that are usually permitted only where necessary.

Hearings and Meetings

Although adjudication is primarily paper-based, the adjudicator may convene a meeting or conference call to clarify key points. These are not formal court hearings but informal discussions to test understanding or resolve factual ambiguities.

The Determination

The adjudicator must issue a Determination within 20 working days of receiving the response (extendable by agreement). The determination sets out:

• Findings on each issue;
• The decision and reasons; and
• Any orders for payment, interest, or costs.

Once delivered, the determination is binding on the parties unless and until overturned by arbitration or litigation.

Practical Takeaway

Adjudication is intentionally swift and document-driven. Success depends less on legal manoeuvring and more on clarity, evidence, and organisation. Parties who prepare early—collecting key records, correspondence, and expert input—are best placed to achieve a fair outcome.
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If you’re currently involved in a construction dispute or anticipating one, understanding this timeline helps you stay one step ahead.