Adjudication submissions—practical considerations
Adjudication submissions—practical considerations

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

  • Adjudication submissions—practical considerations
  • Introduction
  • Further submissions after the Response
  • Contents and form
  • Drafting submissions; jurisdictional challenges

Produced in association with 4 Pump Court

Introduction

This Practice Note discusses the following:

  1. further submissions beyond the Response

  2. their contents and form and practical considerations when drafting them

  3. reservations on jurisdiction

There are no general rules when considering what to put in further submissions after the Response. Everything will turn on the nature and terms of the dispute. The below are some general guidelines.

For information on other adjudication documents, see Practice Notes:

  1. The Notice of Adjudication

  2. Adjudication—the Referral Notice

  3. Adjudication—the Response

Further submissions after the Response

There is no automatic right to a submission after the Response. Most adjudicators will allow a Reply, because the referring party bears the burden of proof and therefore generally gets 'the last word'.

Different adjudicators take different approaches to submissions after the Reply. Some will allow numerous rounds of further submissions; some will allow none at all.

Generally speaking it is a bad idea to make a submission without seeking permission from the adjudicator first. It is not an automatic breach of natural justice for an adjudicator to set a timetable tha