Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Rejoinder definition

What does Rejoinder mean? In practice, a rejoinder is the respondent’s second written submission, served after the claimant/referring party’s Reply, to address new points raised in that Reply. The term is descriptive and widely used in construction adjudication and commercial arbitration across England and Wales, Scotland, Northern Ireland and Ireland. It is not defined by statute or court rules. In statutory construction adjudication (HGCRA 1996 and the Scheme; the Scottish and Northern Irish Schemes; and Ireland’s Construction Contracts Act 2013), whether a rejoinder is permitted, its scope and its timetable are matters for the adjudicator’s directions or the parties’ agreed procedure. In court litigation, modern procedural...

Construction adjudication: entitlement to and limits on Replies, Rejoinders and later submissions; natural justice, new arguments, and practical drafting guidance

Published by a LexisNexis Construction expert

Practice notes

This Practice Note considers

the right to advance additional submissions in an adjudication after the Response (often described as Reply > rejoinder > Surrejoinder, and so on)
the nature, format and practical drafting points for those submissions

For guidance on other adjudication documents, see Practice Notes:

The Notice of Adjudication
Adjudication—the referral notice
Adjudication—the Response

Entitlement to make further submissions after the Response

There is no inherent entitlement to serve material beyond the Response, and an adjudicator does not offend natural justice by declining to allow it (Barry M Cosmetics v Merit Holdings; AMEC Group v Thames Water). See also News Analysis: Natural justice does not require an adjudicator to permit a Rejoinder (Barry M Cosmetics v Merit). Nor is it necessarily contrary to natural justice for an adjudicator to impose a timetable that leaves no room for a Rejoinder (Balfour Beatty v Modus Corovest). By contrast, neither the Housing Grants, Construction and Regeneration Act 1996 nor the Scheme for Construction Contracts fixes any cap on the number of representations. In practice, the majority of adjudicators will accept a Reply from the referring...

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Web page updated on 21/05/2026

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