Do both parties have to agree to adjudication?
No. Either party to a construction contract can refer a dispute to adjudication at any time, and the other party cannot opt out.
Updated: 15 September 2026. By Jack Butler-Kettle, Quantity Surveyor & Claims Consultant.
The answer
No. Section 108 of the Construction Act gives each party to a construction contract the right to refer a dispute to adjudication at any time, and a contract that does not provide for it is read as if the Scheme for Construction Contracts applied. The other party's consent is not needed, it cannot delay the process by not engaging, and an adjudicator can decide without a response. What the right does need is a dispute that has crystallised, meaning a claim that has been made and rejected or ignored, and a contract that the Act covers, which excludes some residential occupier contracts and a few other categories. Contracts outside the Act can still provide for adjudication by agreement, and many do. Whether a particular contract is covered, and whether a dispute has crystallised, are the two questions worth checking before serving a notice.
Example
The situation
A subcontractor is owed a notified sum of £29,000 that the main contractor has not paid, and the subcontractor wants to take the non-payment to adjudication without the main contractor's consent.
What happens
- The subcontractor writes to the main contractor about the unpaid £29,000.
- The main contractor refuses the request four days later.
- The subcontractor serves a notice of adjudication three days after the refusal.
- The main contractor replies that it does not agree to adjudication.
The outcome
The reply that it does not agree has no effect; the adjudicator is appointed and the adjudication timetable runs.
Adjudication & Dispute Support starts with whether the contract and the dispute are ready.