Adjudication—the Referral Notice
Adjudication—the Referral Notice

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

  • Adjudication—the Referral Notice
  • What is the Referral Notice?
  • The contents of the Referral Notice
  • Enclosures to the Referral Notice
  • When must the Referral Notice be served?
  • What happens if a Referral Notice is not served in time?
  • How to serve the Referral Notice
  • Practical tips for drafting the Referral Notice

Produced in association with 4 Pump Court

This Practice Note explains what a Referral Notice (sometimes referred to simply as a ‘Referral’) is and sets out what it should contain. It also provides practical tips for drafting an effective Referral Notice, and considers when the Referral Notice must be served and the consequences of failing to meet the deadline for service.

For a Precedent Referral Notice, see: Referral Notice for an adjudication.

What is the Referral Notice?

Once a Notice of Adjudication has been given, and a person has been appointed to act as an adjudicator, the dispute must be formally referred to the adjudicator. The Referral Notice is the referral of the dispute in writing to the adjudicator, and its purpose is to set out clearly and concisely the referring party’s case. It is, effectively, the referring party’s pleadings, evidence and submissions all rolled into one.

The referring party should bear in mind that the Referral Notice is intended to be the whole of its case, and not just the opening shot. There is no guarantee that it will be entitled to put in further submissions or evidence (such as a Reply), although in practice complex adjudications often include additional exchanges—see Practice Note: The Reply and further submissions in an adjudication.

The contents of the Referral Notice

Unlike with the Notice