Ajudication Referral Checklist

Checklist: Preparing an Adjudication Referral (UK HGCRA / Ireland CCA 2013)

Purpose: To guide a Referring Party (Claimant) through the essential steps involved in preparing and initiating a statutory adjudication under the Housing Grants, Construction and Regeneration Act 1996 (HGCRA) in the UK, or the Construction Contracts Act 2013 (CCA 2013) in Ireland. Adjudication timelines are strict, so thorough preparation is crucial.

Key Stages & Actions:

1. Pre-Referral Checks:

• Confirm Jurisdiction:

  • Is the agreement a "construction contract" as defined by the relevant Act?

  • Does the work constitute "construction operations" under the Act?

  • Is the contract excluded under the Act (e.g., certain residential occupier contracts (UK), contracts below €10k or certain residential contracts (Ireland))?

  • Is the contract in writing (Note: Requirement varies slightly between Acts/jurisdictions, but written evidence is highly advisable)?

• Identify the Dispute:

  • Has a clear claim or assertion been made to the other party?

  • Has that claim been clearly rejected, ignored, or not satisfied by the relevant deadline? (Has the dispute "crystallised"?)

  • (Ireland - CCA 2013 Specific): Does the dispute relate to payment arising under the construction contract? (Note: UK HGCRA allows referral of any dispute arising under the contract).

• Review Contractual Procedures:

  • Does the contract specify any pre-conditions or procedures before commencing adjudication (Note: Statutory right usually overrides, but check contract terms)?

  • Does the contract specify an Adjudicator Nominating Body (ANB) or method for appointing an adjudicator?

2. Notice of Intention to Refer:

• Draft the Notice:

  • Does it clearly state the intention to refer a dispute to adjudication?

  • Does it briefly describe the nature of the dispute and the parties involved?

  • Does it outline the redress sought (the remedy/outcome desired)?

  • Does it comply with any specific content requirements in the contract?

• Serve the Notice:

  • Has the Notice been served on the other party?

  • Was it served using the method specified in the contract (e.g., registered post, email)? (Note: Failure to adhere to contractual service methods can be a jurisdictional flaw - see Tenderbids v EWM [2025] IEHC 139).

  • If no method is specified, was it served by post or other effective means?

  • Have you retained proof of service (e.g., postal receipt, email delivery/read receipt)?

3. Adjudicator Appointment:

• Agreement (Optional):

  • Have you attempted to agree on an adjudicator with the other party within the allowed timeframe (e.g., 5 days in Ireland under CCA 2013)?

• Nomination (If No Agreement):

  • Have you identified the correct ANB specified in the contract, or the default body (e.g., Chairperson's Panel via CCAS in Ireland)?

  • Have you submitted a valid application for nomination to the ANB/Chairperson, including a copy of the Notice of Intention and any required fee?

  • Has the Adjudicator confirmed their appointment and provided contact details? (Note the date of appointment carefully).

4. Referral Notice Preparation (The Claim Submission):

• Deadline: Are you aware of the strict deadline to submit the Referral Notice (typically 7 days beginning with the date of the Adjudicator's appointment)?

• Content - Essential Elements: Does the Referral Notice include:

  • Details of the parties, the contract, and the appointed Adjudicator.

  • A copy of the Notice of Intention to Refer.

  • A clear statement of the nature and extent of the dispute referred.

  • The factual background and chronology leading to the dispute.

  • The specific contractual provisions relied upon.

  • The legal principles supporting your case (where applicable).

  • The specific relief or remedy sought from the Adjudicator (e.g., payment of €X, grant of Y days EOT).

  • All supporting documentation and evidence relied upon (clearly indexed and cross-referenced).

• Supporting Evidence: Have you gathered and included:

  • Relevant contract clauses.

  • Key correspondence (letters, emails, meeting minutes).

  • Relevant drawings, specifications, site records, diaries, photographs.

  • Payment applications, certificates, invoices, cost breakdowns (for payment disputes).

  • Programme information and delay analysis (for time-related disputes).

  • Witness statements (if applicable and prepared).

  • Expert reports (if applicable and prepared).

• Structure & Clarity: Is the Referral Notice well-structured, easy to follow, and persuasive? Are arguments clearly linked to evidence?

5. Submission & Service:

• Deadline Check: Confirm submission will meet the strict deadline (usually 7 days from appointment).

• Service:

  • Will the Referral Notice and all supporting documents be sent simultaneously to both the appointed Adjudicator and the Responding Party?

  • Will service be effected using an appropriate method ensuring proof of delivery (e.g., email with large file transfer link, courier)?

Disclaimer: This checklist provides general guidance for preparing an Adjudication Referral under UK HGCRA and Irish CCA 2013. It is not exhaustive and is not a substitute for reading the relevant Act, the specific construction contract, any applicable Scheme/Code of Practice, or obtaining professional legal and commercial advice tailored to your specific circumstances. Procedural errors can be fatal to an adjudication.