Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Responding party definition

What does Responding party mean? The responding party is the party against whom a construction adjudication is brought and who defends the claim referred by the referring party. It receives the notice of adjudication and the referral, and must serve any response/defence and evidence within the tight statutory timetable. “Responding party” is a descriptive term commonly used in adjudication rules and practice (often interchangeably with “respondent”), rather than a defined term in primary legislation. Under the Housing Grants, Construction and Regeneration Act 1996 (as amended) and the Scheme for Construction Contracts in England and Wales and Scotland, the Construction Contracts (Northern Ireland) Order 1997, and Ireland’s...

Construction adjudication: preparing the respondent’s Response—entitlement to respond, deadlines, jurisdictional challenges, defences and set‑offs, service requirements and practical drafting guidance

Published by a LexisNexis Construction expert

Practice notes

Created in collaboration with 4 Pump Court, this Practice Note examines in detail the Responding party’s defence to a Referral notice in an adjudication—commonly termed the Response.

Its function is to present, plainly and succinctly, the respondent’s position, effectively combining Pleadings, evidence, and both opening and closing submissions into a single, self‑contained submission.

The Note addresses whether and when a Response may or must be served, the timetable for service, what matters it can properly cover, and offers practical guidance on drafting it, as well as signposting useful approaches. Related summaries that may assist can be found in Checklists: Key issues to consider on receipt of a Notice of Adjudication and Key issues to consider when preparing an Adjudication Response.

Entitlement to serve a Response

Neither the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996) nor the Scheme for Construction Contracts expressly contemplates a response by the respondent to the Notice of Adjudication or the Referral Notice. Nonetheless, the adjudicator holds a broad power to give procedural directions, and almost invariably will direct that a Response be served...

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Web page updated on 27/05/2026

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