What is a referral notice in construction adjudication ?

This article is all about explaining what is a referral notice in construction adjudication. This term is a key component or step of the Construction Adjudication process. 

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What is a referral notice in construction adjudication ?

A referral notice in construction adjudication is simply Step 3 in the Adjudication process.

There are several steps in adjudication, which we will not go through one-by-one in detail here but just simply list out.

The steps are as follows:

1. Give notice of intention to refer a dispute to adjudication
2. Send application form to the RICS
3. Prepare and send the referral notice
4. Comment on the Other Parties response
5. Deal with the Adjudicator
6. The Decision
7. What happens then?

Step Three Prepare and send the referral notice in construction adjudication

The referral notice is simply a document containing details of your dispute with all the necessary back-ups.

It set’s out the referring parties claim, i.e. what the referring party wants.

For some reason it’s called Notice (yes, it is a notice but it comes right after the first notice!) which makes it confusing as it sounds similar to the ‘Notice of intention to refer a dispute to adjudication‘.

Its gets a bit like Lord of the rings where there is a character called Saruman and another called Sauron where dispute the names being perfectly distinctive, it gets confusing nonetheless.

This document needs to be fully complete – you have essentially one chance to present your argument. If you don’t put your best argument forth here, then it gets very difficult to insert an argument later in the process.

You have 7 days (from the date of issue of the notice of intent to refer a dispute to adjudication) to submit the Referral notice to the adjudicator and the other party otherwise you have to begin the whole process again.

What must be in the referral notice ?

You must include all of your arguments.

Pretend that this is the one, final opportunity ever to give your side of the story/argument.

If you have an email, or email trail, or letter or any proof to back-up your side of the argument then include it now.

Should you not make an argument or provide a piece of evidence you can’t just introduce this argument at a later date.

You might be able to sneak in an argument in a rejoinder but only if the responding  party has mentioned in their response.

What happens if you do not issue the notice correctly?

If you prepare the notice incorrectly or you don’t provide all the information you can at this stage then you are just weakening your argument.

You are holding back your own chances of success. So use this opportunity to get your full arguments across with all the necessary back-ups.