Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Referring party definition

What does Referring party mean? The party that starts an adjudication by serving a notice of adjudication—effectively, the claimant. In construction adjudication, the referring party frames the dispute to be decided, applies to or selects an adjudicator or adjudicator nominating body if none is agreed, and must serve the referral (referral notice) with supporting evidence within the prescribed timetable. The other side is the responding party. Across England & Wales and Scotland under the Housing Grants, Construction and Regeneration Act 1996 (as amended) and the applicable Scheme for Construction Contracts, and in Northern Ireland under the Construction Contracts (Northern Ireland) Order 1997 and its Scheme, “referring...

Right to adjudicate construction disputes: statutory, contractual and ad hoc bases; jurisdiction, timing, multiple adjudications, assignment/novation, insolvency, and ‘true value’ constraints under the HGCRA 1996

Published by a LexisNexis Construction expert

Practice notes

This Practice Note examines a party’s right to adjudicate, addressing its sources (arising under statute, contract and/or on an ad hoc basis), the timing of its use, and whether a dispute has emerged under a construction contract. It also reviews assignment, novation and third party rights, the conduct of serial adjudications, and adjudication where the Referring party is in Liquidation. For direction on questions about the scope of a dispute, see Practice Note: Adjudication—is there a ‘dispute’? which considers whether a dispute has crystallised, amounts to a single dispute (even if comprising several issues), is not the same or substantially the same as one already decided in adjudication, court or arbitral proceedings, and matters relating to settlement. For practical points to weigh before starting an adjudication, consult Checklist: Issues to consider before commencing an adjudication and Practice Note: The Notice of Adjudication.

Statutory adjudication

Within construction, adjudication is a dispute resolution route delivering a swift forum for parties to secure determinations of their disagreements. In most construction contracts, a right to adjudicate is included because of the statutory entitlement mandated by the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996). It applies across qualifying construction operations and projects...

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Web page updated on 26/05/2026

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