Construction projects involve multiple parties, contracts, and obligations. Disputes can arise due to payment issues, delays, defective work, or contract breaches. To resolve these disputes efficiently, the UK construction industry relies on notices and adjudication—a legal process designed to provide quick and cost-effective resolutions.
At ApexCounsel, we provide expert legal advice UK businesses can trust for construction disputes, contract management, and adjudication support. Whether you need construction legal advice, contractor legal advice, or commercial contracts advice, our team helps businesses navigate disputes effectively.
What is Adjudication in Construction?
Adjudication is a fast-track dispute resolution method used in UK construction contracts. It is designed to provide a binding decision within 28 days, helping businesses avoid lengthy court battles.
✅ Why use adjudication?
- Quick resolution (28-day timeline).
- Less expensive than litigation.
- Allows construction work to continue while disputes are resolved.
- Legally binding (unless overturned in court).
Under the Housing Grants, Construction and Regeneration Act 1996, adjudication is available for most construction contracts, whether written or verbal.
Legal Tip: If you are involved in a dispute, get legal advice immediately to ensure your case is strong and well-documented.
The Role of Notices in Construction Disputes
Before starting adjudication, parties must issue the correct notices to comply with contractual obligations. These notices serve as formal communication between parties regarding payment, delays, or contract breaches.
1. Payment Notices and Pay Less Notices
Disputes over payment are common in construction. Under UK law, parties must issue payment notices to confirm amounts owed. If there is a dispute, a pay less notice allows a party to reduce or withhold payment.
Legal Tip: Failing to issue proper payment notices can result in automatic liability. At ApexCounsel, we provide commercial contracts advice to help businesses draft legally compliant notices.
- Notice of Delay and Extension of Time
Delays in construction projects can lead to disputes. Contractors must issue a notice of delay if external factors (e.g., weather, supply chain issues) affect timelines. Employers must then assess whether an extension of time is justified.
Legal Tip: Failure to issue a delay notice may result in liquidated damages (financial penalties for project delays).
At ApexCounsel, we provide:
✔ Construction legal advice for managing delay disputes.
✔ Contractor legal advice to protect businesses from unfair penalties.
- Notice of Adjudication
To start an adjudication process, the party initiating the dispute must issue a notice of adjudication. This notice must include:
- A description of the dispute.
- The relief sought (e.g., payment, extension of time, damages).
- The names of the parties involved.
Once issued, the adjudicator must be appointed within 7 days, and the process typically concludes within 28 days.
At ApexCounsel, we assist businesses in:
✔ Drafting legally sound adjudication notices.
✔ Providing representation in adjudication proceedings.
How to Prepare for Adjudication
Step 1: Review Your Contract
✅ Ensure your contract includes clear dispute resolution clauses.
✅ Check for payment terms, timelines, and extension conditions.
Step 2: Gather Evidence
✅ Keep copies of all notices, emails, invoices, and site reports.
✅ Document delays, cost overruns, and any changes to project scope.
Step 3: Seek Legal Advice
✅ Get legal advice before issuing an adjudication notice to strengthen your case.
At ApexCounsel, we provide:
✔ Legal advice UK businesses can rely on for dispute resolution.
✔ Commercial contracts advice to ensure compliance with contract terms.
Why Choose ApexCounsel for Construction Dispute Resolution?
At ApexCounsel, we specialise in helping construction businesses, contractors, and developers navigate legal disputes. Our services include:
✔ Construction legal advice for contract disputes and adjudication.
✔ Contractor legal advice to protect against unfair penalties.
✔ Commercial contracts advice to manage payment and contractual risks.
✔ Intellectual property legal services for construction innovations.
✔ Trademark legal advice to protect construction brands.
✔ Patent legal advice for unique construction technologies.
If you are facing a construction dispute, Construction legal services from ApexCounsel today.