In construction adjudication, the notice starts a seven-day timetable for appointing an adjudicator and referring the dispute. The referral is the step that sends the dispute to the adjudicator. It starts the usual 28-day period for the decision.
These are separate periods with different start dates. Adding 7 and 28 to count 35 days from the notice will usually give the wrong decision date.
Start by checking the contract and the applicable Scheme. They determine the procedure, the effective dates of the notice and referral, and any rules that supplement the statutory minimum.
Record the notice and referral separately
Section 108 of the Housing Grants, Construction and Regeneration Act 1996 requires a timetable aimed at appointing an adjudicator and referring the dispute within seven days of the notice. Under the Scheme for Construction Contracts in England and Wales, the referral must be made no later than seven days from the notice of adjudication.
Use the date the referral legally took effect for the 28-day decision count. If the referral was made before the seven-day limit, the unused days do not extend the decision period.
| Stage | Date that matters | Usual timing rule | Question to resolve before counting |
|---|---|---|---|
| Notice of adjudication | Effective notice date | Starts the appointment and referral timetable | Was the notice validly given, and when did it take effect? |
| Referral | Effective referral date | In England and Wales, no later than seven days from the notice | Does the contract or Scheme apply, and was the referral made in time? |
| Decision | Effective referral date | Usually within 28 days of referral | Does the adjudicator have jurisdiction, and has the period been validly extended? |
Keep a record of both effective dates so that each period can be checked.
Weekends count, but statutory holidays are excluded
Under section 116, a period after or from a specified date begins immediately after that date. Christmas Day, Good Friday and bank holidays in England and Wales or, as applicable, Scotland are excluded from periods under Part II of the Act. Ordinary Saturdays and Sundays count.
The periods therefore differ from both a Monday-to-Friday working-day count and a count of every calendar day. Check the applicable holiday dates as well as the contract and Scheme before counting.
The July examples below cross no excluded holiday in England and Wales, so Calendar days reproduces their arithmetic. The UK calculator's current manual controls do not offer a count that includes ordinary weekends while excluding only these statutory holidays. If your period crosses one of them, work through the statutory count separately rather than using the linked calendar-day setup. The counting-method guide explains what the available settings count.
Correction, 7 October 2026: An earlier version said bank holidays remained in these counts. Section 116 excludes the holidays listed above. The two July example results are unchanged.
Worked example: keep the two trigger dates separate
Assume a valid notice of adjudication took effect on Monday 6 July 2026 and the England and Wales Scheme applies. The contract and case documents must establish that effective date and the validity of the referral.
Counting seven calendar days after the assumed notice date gives Monday 13 July 2026. The notice date is excluded, the seventh day is included, and the weekend remains in the count.
| Setting | Selection |
|---|---|
| Calculation type | Deadline |
| Start date | 6 July 2026 |
| Direction | Forward |
| Counting method | Calendar days |
| Number | 7 |
| Include the start date | No |
| Include the deadline date | Yes |
Open the seven-day referral-limit example.
Now assume the referral actually took effect earlier, on Thursday 9 July 2026. The decision period starts from that date, not the 13 July referral limit. Counting 28 calendar days after 9 July gives Thursday 6 August 2026.
| Setting | Selection |
|---|---|
| Calculation type | Deadline |
| Start date | 9 July 2026 |
| Direction | Forward |
| Counting method | Calendar days |
| Number | 28 |
| Include the start date | No |
| Include the deadline date | Yes |
Open the 28-day decision example in the calculator.
Calculate the examples separately. Linking them in Sequential would assume the referral occurred on the seventh day. The sequential guide explains when a calculated deadline can be used to start the next stage.
The decision period can be extended
The ordinary 28-day period can be extended in two ways:
- The adjudicator may extend the period by up to 14 days with the referring party's consent.
- The parties may agree a longer period, but only after the dispute has been referred.
Keep the original decision date and the extension agreement together. That makes it possible to check both the length of the extension and whether the required consent or agreement was in place.
Check the jurisdiction before using the Scheme
Part II of the 1996 Act, including section 108, extends to England and Wales and Scotland. Northern Ireland has separate construction-contract legislation and its own Scheme. England and Wales and Scotland also have separate Scheme instruments.
Before relying on a date, confirm which contract, legislation and Scheme govern the adjudication. Whether the notice or referral is valid, whether the adjudicator can decide the dispute and whether an extension is effective all require the case documents and applicable rules.
Sources
- Housing Grants, Construction and Regeneration Act 1996, section 108 (the 7-day objective, the 28-day decision period, both extension routes, and when the statutory Scheme applies)
- Housing Grants, Construction and Regeneration Act 1996, section 116, start-date treatment and statutory holiday exclusions; sections 108 and 116 and the England and Wales Scheme's referral provision checked 7 October 2026
- Scheme for Construction Contracts (England and Wales) Regulations 1998, notice, appointment, referral and decision provisions; check the current version rather than the text as originally made
- Scheme for Construction Contracts (Scotland) Regulations 1998
- Construction Contracts (Northern Ireland) Order 1997
