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?
  • When must the Referral Notice be received by the adjudicator?
  • What happens if a Referral Notice is not served in time?
  • The contents of the Referral Notice
  • Enclosures to the Referral Notice

Produced in association with 4 Pump Court

This Practice Note uses the following abbreviations:

  1. HGCRA 1996—The Housing Grants Construction and Regeneration Act 1996

  2. Scheme for Construction Contracts—Scheme for Construction Contracts (England and Wales) Regulations 1998, SI 1998/649

  3. revised Scheme for Construction Contracts—The Scheme for Construction Contracts (England and Wales) Regulations 1998, SI 1998/649 as amended by two regulations:

    1. The Scheme for Construction Contracts (England and Wales) Regulations 1998 (Amendment) (Wales) Regulations 2011, SI 2011/1715

    2. The Scheme for Construction Contracts (England and Wales) Regulations 1998 (Amendment) (England) Regulations 2011, SI 2011/2333

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 (Nuttall).

When must the Referral Notice be received by the adjudicator?

Under the HGCRA 1996 and the Scheme for Construction Contracts, the dispute must be referred not later than seven days from the date of the Notice of Adjudication.

In William Verry, a Referral Notice was held to be valid where served within eight days on the basis that it complied with the adjudicator’s directions.

However, the Court of Appeal stated in Lanes Group that the adjudicator has no power to proceed until they