For contractors working on projects like bathroom upgrades, school maintenance, commercial refurbishments, or new build housing, disputes over payment or sudden termination can feel like a punch in the gut. Many small businesses and tradespeople—roofers, electricians, site foremen, and decorators—find themselves owed substantial sums or removed from jobs without warning. The good news is that the Housing Grants, Construction and Regeneration Act 1996 (HGCRA) gives you a rapid route to resolve these issues, often before court proceedings are needed.
It’s common to feel overwhelmed when a job is cancelled or a payment is withheld. You might wonder, “Can I get my money quickly?” or “Do I have to wait for months in court?” The law is on your side: you have the right to adjudicate at any time, and the process is designed to be fast and accessible.
Typical questions from the trade:
“My contract was ended suddenly and I’m owed £50,000—can I start adjudication straight away?”
“What needs to go in the notice of adjudication, and how soon will I get a decision?”
“If the employer ignores my payment notice, am I allowed to suspend work?”
Adjudication is a statutory process that lets you challenge non-payment, under-certification, or wrongful termination. You start by serving a notice of adjudication, which sets out the dispute and your claim. Within seven days, you must send a referral bundle—this includes your evidence, contract extracts, and a clear timeline of events. The adjudicator is appointed quickly, and a decision is usually made within 28 days, sometimes extended by agreement if the case is complex.
Practical steps for contractors and site teams:
Prepare a “dispute bible” before serving notice: include a chronology, contract extracts, delay analysis, valuation spreadsheets, and transcripts of relevant calls or meetings.
Use clear filenames for documents (e.g.,
2024-02-15_Valuation_KitchenRefurb.pdf) so the adjudicator can cross-reference easily.Keep meeting minutes signed or emailed to all attendees, especially if you anticipate a dispute.
If you’re challenging a payment issue, make sure you understand the mechanics: payment notices, pay less notices, and your right to suspend works under section 112. If the employer fails to pay or respond, you can suspend work lawfully—just make sure you follow the contract and statutory requirements.
Common pitfalls to avoid:
Not preparing a clear referral bundle or missing the seven-day deadline.
Failing to document payment notices or correspondence.
Overlooking the right to suspend works if payment is withheld.
Adjudication decisions are binding and can be enforced in the Technology & Construction Court. Many contractors have won payment after proving employer prevention or delay, even when the sums involved are substantial.
If you’re unsure about the process, remember: adjudication is designed to be accessible, even for small businesses and sole traders. Take each step methodically, keep your records organised, and don’t be afraid to use your statutory rights.
Helpful resources:
HGCRA 1996 user guide.
Scheme for Construction Contracts.
Template adjudication timeline tracker.
No matter your trade or project type, adjudication offers a powerful tool to resolve disputes quickly and fairly. By preparing your evidence and following the process, you can protect your business and secure the payment you deserve.
Disclaimer: This article is general information. It is not legal, financial or tax advice.
