Construction Adjudication Deadlines: The 7-Day Referral and 28-Day Decision

The 7-day referral period and the usual 28-day decision period do not form one 35-day period. They start from different events. The notice of adjudication starts the appointment and referral timetable. The referral starts the usual period for the adjudicator's decision.

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.

The referral is a separate step. Its effective date is the date used for the usual 28-day decision period. A referral made before the end of the seven days does not add unused days to 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?

This is why counting 35 days from the notice will usually give the wrong date. First establish the actual referral date. Then count the decision period from that date.

Count calendar days, not working days

The Act describes both periods in days. The England and Wales Scheme uses the same unit for the referral period. A weekend or bank holiday therefore remains part of the count unless the contract or applicable procedure says otherwise.

Use calendar-day counting when checking the arithmetic. Do not switch to a Monday-to-Friday count simply because the timetable is short. The calculation cannot establish whether a notice or referral was effective; it only counts from the date you enter.

Worked example: keep the two trigger dates separate

Assume a valid notice of adjudication took effect on Monday 6 July 2026. Establishing that effective date, whether the Scheme applies and whether the referral is valid are outside what the calculator can determine.

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
Mode	Deadline
Start date	6 July 2026
Direction	Forward
Calendar days	On
Number of calendar days	7
Include start date	No
Include deadline date	Yes

Open the seven-day referral-limit example.

Now assume the referral actually took effect earlier, on Thursday 9 July 2026. That separately established date starts the usual 28-day decision period. It is not replaced by the 13 July referral limit. Counting 28 calendar days after 9 July gives Thursday 6 August 2026.

Setting	Selection
Mode	Deadline
Start date	9 July 2026
Direction	Forward
Calendar days	On
Number of calendar days	28
Include start date	No
Include deadline date	Yes

Open the 28-day decision example in the calculator.

The calculator examples deliberately remain separate. Chaining them would assume that the referral occurred on the seventh day, even though the actual referral date is the trigger for the decision period.

The decision period can be extended

The ordinary 28-day period may change, but the method and timing of the agreement matter.

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.

There is no single UK-wide Scheme. Before relying on a calculated date, confirm which contract, legislation and Scheme govern the adjudication. Questions about the validity or effect of the notice or referral, the adjudicator's jurisdiction, and any extension need to be resolved outside the calculator.