Construction
How do late submissions affect adjudication?
- Written by: Samuel Okoronkwo
- Published on:
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The new year is a time when we must face everything we pushed into it, everything we either wanted to avoid in 2025 or simply did not have enough time for.
Adjudication cannot be one of these tasks.
The process of adjudication was created to be a simple but efficient means to resolve construction disputes in comparison to litigation. Therefore, there is a relatively strict 28-day period in which adjudication must take place. In extenuating circumstances, this period can be extended, but agreements must be made for this to happen.
With this in mind, adjudication is never something you should push into next year, next week or even the next day if it can be helped. Late submissions in adjudication can severely impact the process and the likelihood of reaching the resolution you seek.
What do we mean by the term ‘submissions’ in adjudication?
Before we can proceed to how late submissions can affect adjudication, we must first clarify what a ‘submission’ is in this context.
In adjudication, submissions are the formal, written arguments and evidence presented by each party. This includes but is not limited to:
- A copy of the communication contract
- Emails, letters, meeting recordings (any communication between the parties)
- Work schedules/progress reports
- Financial statements
- Witness statements
It will be this evidence that the adjudicator will use to reach a decision. You will have 7 days (14 if an extension is granted) to submit this evidence. Failure to do so or doing so on time can affect the following.
Adjudicator’s decision
Adjudicators must provide a fair but efficient decision within the 28-day adjudication period. While they cannot be seen as breaching natural justice, they are also within their right to refuse late submissions, especially if there is suspicion that submissions have intentionally been withheld to sway the adjudication process.
The decision to refuse late submissions will almost always be to avoid delays. This could leave the adjudicator with no choice but to rule in favour of the referring party as they will have to accept their claims at face value.
Cost implications
Should an adjudicator agree to accept your late submissions, they may adjust their costs to reflect the extra work/time. Typically, the unsuccessful party in adjudication is ordered to cover the adjudicator’s fees.
However, since parties are jointly liable for these fees, you could still be expected to contribute to these costs (even as the winning party) since any extra costs would have been caused by your late submissions.
The process must begin again
The likelihood of needing to begin adjudication anew is increased due to late submissions. However, it is possible to still move forward with the original claim as long as you act fast.
While you cannot assume it will be granted, you have the opportunity to request an extension from the adjudicator. Should this be granted, it is imperative that you do not waste this time and risk late submissions once more.
If concern or indecision is causing these late submissions, it is best to seek legal advice. Our barristers will ensure you are appropriately prepared and on schedule for adjudication.
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