A notice of adjudication arrives on a Friday afternoon. By the following Friday, you need an adjudicator appointed. Four weeks after that, a binding decision drops - and you must comply whether you agree with it or not.
That is how fast construction adjudication moves. The Housing Grants, Construction and Regeneration Act 1996 (commonly called the Construction Act) built the speed in deliberately - and it punishes parties who are not ready for it.
The core deadlines: 7 days and 28 days
The 7-day window: appointing the adjudicator
Once a notice of adjudication is served, the referring party has 7 days to appoint an adjudicator. This happens either by:
- Mutual agreement between the parties
- Nomination from an adjudicator nominating body (such as RICS, RIBA, or TeCSA)
If no adjudicator is appointed within 7 days, the process typically stalls or fails.
Practical takeaway: If you are the referring party, have your preferred nominating body identified before you serve notice. If you are the responding party, the 7-day window is your signal to mobilise immediately.
The 28-day window: the decision
The adjudicator must issue a binding decision within 28 days of referral. Not 28 days from the notice - 28 days from when the referral notice (with supporting documents) is submitted, unless the time is extended by agreement.
This is a hard deadline. The decision that comes out is immediately binding and enforceable, even if either party disagrees with it.
Extensions: 14 days or longer
The 28-day period can be extended:
- By 14 days with the referring party's consent (taking it to 42 days)
- By longer periods with mutual agreement from both parties
In practice, complex disputes often need the 14-day extension. But the referring party controls whether to grant it - which creates tactical pressure.
The full timeline: day by day
Here is how a typical adjudication runs:
| Stage | Deadline | What happens |
|---|---|---|
| Notice of Adjudication | Day 0 | Referring party serves notice outlining the dispute and issues |
| Adjudicator Appointment | Within 7 days | Parties agree or nominating body appoints |
| Referral Notice | Within 7 days of notice | Referring party submits full documentation to adjudicator and responding party |
| Response | Typically 7 days after referral (adjudicator-directed, not statutory) | Responding party submits position |
| Decision | Within 28 days of referral | Adjudicator issues binding decision |
| Correction | Within 5 days of decision | Adjudicator may use their power to correct clerical or typographical errors |
Where the timetable bites
The referral notice deadline is separate
The 7-day deadline for appointing an adjudicator and the 7-day deadline for submitting the referral notice run in parallel. You need your documentation ready before you serve the notice of adjudication - not after.
Responding parties get squeezed
There is no statutory deadline for the responding party to submit their response - but adjudicators customarily direct it within 7 days of receiving the referral. This is an adjudicator-set timetable, not a statutory requirement. Less than a week to gather evidence, review contracts, and prepare your position. If you are likely to face adjudication, your project records need to be organised before the notice arrives.
Jurisdictional challenges must be raised early
If you believe the adjudicator lacks jurisdiction (wrong contract, wrong dispute, wrong adjudicator), raise it immediately. Waiting until after the decision makes challenges much harder.
The decision is binding even if "wrong"
An adjudicator's decision is temporarily binding - enforceable immediately, even if you plan to challenge it in court or arbitration later. "Pay now, argue later" is the principle. Budget for compliance even if you intend to dispute the outcome.
Payment notices have their own deadlines
If the Construction Act/Scheme payment mechanism applies, payment notices follow a separate statutory timetable:
- Payment becomes due 7 days after the relevant period (or on receipt of a valid application)
- Pay less notices must be served no later than 7 days before the final date for payment
- The final date for payment is typically 17 days from the due date
- To suspend work for non-payment, you must give at least 7 days' notice
These payment deadlines often trigger the disputes that end up in adjudication.
Working days vs calendar days
Most adjudication deadlines run in calendar days, not working days. The 28-day decision period includes weekends and bank holidays.
Whether service or a practical deadline shifts when it falls on a weekend or bank holiday depends on the contract terms, service provisions, Scheme rules, or adjudicator directions - not a single universal rule.
Count calendar days for the core statutory periods, but check your contract's service rules and any adjudicator directions for the specific deadline.
The short version
- Prepare your referral bundle before serving notice - the clock starts immediately
- Identify your nominating body in advance - do not waste the 7-day appointment window
- Respond quickly even without a statutory deadline - adjudicators expect prompt engagement
- Raise jurisdictional objections immediately - delay weakens your position
- Comply with decisions promptly - they are enforceable pending any later challenge
- Keep project records organised - you may need them at short notice
Need to calculate adjudication deadlines?
Use our calculator to work out the core statutory periods. Note that you should still check service rules and any adjudicator directions that may affect the actual deadline in your case.
Calculate your deadlines -> Open the calculator
Frequently Asked Questions
Q: How long does construction adjudication take? A: The adjudicator must decide within 28 days of referral, extendable to 42 days with consent. Including the notice and appointment period, expect 5-7 weeks total.
Q: Is an adjudicator's decision final? A: It is temporarily binding and immediately enforceable. Either party can later refer the dispute to court or arbitration for final determination, but must comply with the decision in the meantime.
Q: What happens if the adjudicator misses the 28-day deadline? A: A late decision can be challenged. Unless the parties agreed an extension (or waived the timing issue by their conduct), the adjudicator may lose jurisdiction and the decision may be unenforceable.
Q: Can I refuse to participate in adjudication? A: No. Under the Construction Act, either party can refer a dispute to adjudication at any time, and the other party cannot refuse. Non-participation typically results in a decision against you.
Conclusion
The speed is the point. Adjudication resolves disputes in weeks rather than years - but it punishes anyone who treats preparation as something to do after the notice arrives. The parties who survive the timetable comfortably are the ones who treated adjudication readiness as part of project management from the start.
Sources & Further Reading:
- Housing Grants, Construction and Regeneration Act 1996
- Scheme for Construction Contracts
- RICS Adjudicator Nomination
- TeCSA - Technology and Construction Solicitors Association
This guide is for informational purposes only and does not constitute legal advice. Always verify adjudication deadlines independently and seek legal advice if unsure.
