Adjudication decision
Adjudication decision

The following Construction practice note provides comprehensive and up to date legal information covering:

  • Adjudication decision
  • What does the decision include?
  • Does the decision need to include reasons?
  • Examples of cases dealing with sufficiency of reasons
  • Provisional or interim conclusions
  • Delivery of the decision
  • Deadline for the decision
  • When does time run from and to?
  • Extending time
  • Failure to make decision on time
  • More...

Produced in association with 4 Pump Court

This Practice Note looks at what an adjudication decision encompasses, whether (and to what extent) reasons for the decision are required and the deadline for the decision. It also consider interim conclusions, the status and effect of a decision and compliance with the decision.

What does the decision include?

The decision of the adjudicator includes:

  1. the actual award (ie that A is to pay £X to B), and

  2. any finding in relation to the rights of the parties that forms an essential component of, or basis for, that award

Where the adjudicator reaches conclusions on matters that are not essential to the calculation of a money award, those conclusions do not form part of the binding decision and may be the subject of a further adjudication (Hyder Consulting v Carillion). The distinction is often drawn as being between the 'operative' and the 'non-operative' parts of the decision—it is only the operative part that binds the parties (and which cannot be referred to a subsequent adjudicator—see Practice Note: Adjudication—is there a ‘dispute’?).

For consideration of an adjudicator’s ability to award interest, legal costs and payment of their fees, see Practice Notes: Adjudication—awarding interest, Entitlement to legal costs of an adjudication, and Adjudicator's remuneration and liability.

For guidance on an adjudicator's jurisdiction, and the scope of what they are entitled to decide upon, see Practice

Popular documents