Drafting the construction adjudication Response to a Referral Notice: practitioner checklist on timing, jurisdiction, defences, set-offs, evidence, interest, fees and costs

Published by a LexisNexis Construction expert

Checklists

Prepared in conjunction with 4 Pump Court, this Checklist serves as a springboard for a responding party drafting its Response in an adjudication. The matters to be tackled will vary with the dispute’s specific facts and circumstances, but the list sets out the principal points to weigh and directs you to guidance on each. See also Practice Note: Adjudication—the Response for help on the Response, including practical drafting tips, and Checklist: Key issues to consider on receipt of a Notice of Adjudication.

Initial considerations

Identify any requirements for the Response, including its service deadline and any stipulations as to form and/or content, for example:
are there express provisions about the Response in the parties’ contract or the applicable adjudication rules?
has the adjudicator issued directions for the Response (which may override contractual requirements)?
Timing: there is no statutory time limit for serving a Response, but the adjudicator will usually set a date for service. Consider whether there is sufficient time to review the Referral Notice, assemble responsive evidence (factual and expert), and draft the Response.

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Web page updated on 20/05/2026

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