The Reply and further submissions in an adjudication
The Reply and further submissions in an adjudication

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

  • The Reply and further submissions in an adjudication
  • Entitlement to make further submissions after the Response
  • Purpose of additional submissions
  • Inclusion of new arguments
  • Practical tips for contents and form of submissions

Produced in association with 4 Pump Court

This Practice Note considers:

  1. the entitlement to submit further submissions in an adjudication beyond the Response (typically known as the Reply > Rejoinder > Surrejoinder etc)

  2. the contents and form of such submissions, and practical considerations when drafting them

For information on other adjudication documents, see Practice Notes:

  1. The Notice of Adjudication

  2. Adjudication—the Referral Notice

  3. Adjudication—the Response

Entitlement to make further submissions after the Response

There is no automatic right for a party to make submissions after the Response, and it is not a breach of natural justice for the adjudicator not to permit such submissions (Barry M Cosmetics v Merit Holdings, AMEC Group v Thames Water). See News Analysis: Natural justice does not require adjudicator to permit a Rejoinder (Barry M Cosmetics v Merit). Nor it is normally a breach of natural justice for an adjudicator to set a timetable that does not allow for a Rejoinder (Balfour Beatty v Modus Corovest).

Conversely, there are no rules in the Housing Grants, Construction and Regeneration Act 1996 or Scheme for Construction Contracts which limit the number of representations permitted.

In practice, most adjudicators will allow a Reply by the referring party because it bears the burden of proof and therefore generally gets 'the last word'. In some cases, where the parties are well aware of each other’s