A construction adjudicator is an independent, neutral decision-maker appointed to resolve construction disputes quickly under the statutory scheme created by the Housing Grants, Construction and Regeneration Act 1996 (HGCRA). The right to refer disputes to adjudication applies to most construction contracts (including sub-contracts) and cannot be excluded by contract. The adjudicator must decide within 28 days - making it the fastest binding dispute resolution process available in the UK construction industry. Their decision is immediately enforceable in court and remains binding unless and until overturned by arbitration or litigation.
What they do
- Accept appointment from a party or an Adjudicator Nominating Body (ANB)
- Review the referral notice and supporting documents from the referring party
- Give the responding party the opportunity to submit a response
- Request further submissions or clarification as needed
- Conduct site visits or meetings at their discretion
- Issue a binding decision within 28 days of the referral notice
- Decide on the allocation of the adjudicator's fees between the parties
- Act as a neutral arbiter of fact and law with no advocacy role
- Adjudicate disputes on payment, defects, extensions of time and final accounts
When you need one
Adjudication is available to either party to a construction contract at any time - no notice period is required and there is no threshold on the value of the dispute.
Typical costs (UK, 2025)
| Job type | Typical cost |
|---|---|
| Adjudicator hourly rate | £200 - £400 / hr |
| Total adjudicator fee (simple dispute) | £3,000 - £8,000 |
| Party costs (own solicitor/expert) | £2,000 - £10,000+ |
| ANB appointment fee | £250 - £500 |
| Complex multi-issue adjudication | £3,000 - £15,000+ |
The adjudicator's fees are agreed in their terms of appointment. In most cases under the Scheme for Construction Contracts the adjudicator has the power to allocate their fees between the parties. Each party also bears their own legal and expert costs.
Frequently asked questions
What is adjudication in construction?
Adjudication is a statutory dispute resolution process under the Housing Grants, Construction and Regeneration Act 1996. Either party to a qualifying construction contract can refer a dispute to adjudication at any time. The adjudicator must decide within 28 days of the referral notice (extendable to 42 days with the referring party's consent). The decision is temporarily binding and must be complied with immediately.
Who appoints the adjudicator?
The parties can agree on an adjudicator between themselves. Failing agreement, either party applies to an Adjudicator Nominating Body (ANB) such as the RICS Dispute Resolution Service, the RIBA, the CIArb or the Chartered Institute of Building. The ANB nominates a qualified adjudicator within a few days of the application.
What happens if the losing party does not pay the adjudicator's decision?
The winning party can enforce the adjudicator's decision through the courts by applying for summary judgment in the Technology and Construction Court. Courts routinely grant summary judgment to enforce adjudication decisions quickly - usually within a few weeks. The losing party's right to challenge the decision at arbitration or litigation is not affected.