# Construction adjudication under the HGCRA

> **Key takeaway:** HGCRA s.108: adjudicate construction disputes anytime. 28-day decision culture. Temporarily binding; enforce in TCC unless jurisdiction/natural justice failure. Scheme fills gaps. Don't re-litigate merits at enforcement.

- **Jurisdiction:** England & Wales
- **Practice area:** Commercial
- **Last reviewed:** 2026-08-04
- **Interactive page:** https://kttclegal.info/library/notes/Commercial/construction-adjudication-hgcra
- **Keywords:** adjudication, HGCRA, construction contract, Scheme for Construction Contracts, TCC enforcement, smash and grab, section 108, natural justice

## What is this about?

The Housing Grants, Construction and Regeneration Act 1996 (as amended) gives parties to construction contracts a right to refer disputes to rapid adjudication. Decisions are temporarily binding and commonly enforced summarily in the TCC, subject to limited defences.

## What is the core rule?

A party to a construction contract (as defined) has the right to refer a dispute to adjudication at any time (HGCRA s.108). The Scheme for Construction Contracts implies compliant adjudication provisions if the contract fails to do so. Adjudicators must generally decide within 28 days of the referral (extendable). The court enforces decisions by summary judgment unless the adjudicator lacked jurisdiction or there was a serious breach of natural justice; the merits are not re-argued at enforcement (Macob; Carillion themes).

## What are the elements or test?

1. Is there a 'construction contract' within the Act?
2. Is there a crystallised 'dispute'?
3. Contractual scheme or Scheme for Construction Contracts?
4. Jurisdiction challenges reserved/waived?
5. Enforcement: natural justice or jurisdiction defence only?

## Which authorities matter?

- **Housing Grants, Construction and Regeneration Act 1996, ss.104–108 (as amended by the Local Democracy, Economic Development and Construction Act 2009)** — Statutory adjudication right and payment regime context.
- **Scheme for Construction Contracts (England and Wales) Regulations 1998 (as amended)** — Default adjudication procedure where contracts are non-compliant.
- **Macob Civil Engineering Ltd v Morrison Construction Ltd [1999] CLC 739** — Early leading case establishing robust enforcement culture.
- **Carillion Construction Ltd v Devonport Royal Dockyard Ltd [2005] EWCA Civ 1358** — Court of Appeal on limited grounds to resist enforcement.

## How does this apply in practice?

Payment notice/smash-and-grab adjudications are a major sub-genre under the amended payment rules. Residential occupier exclusions matter. Scotland has parallel legislation. Pair with ADR/arbitration note for multi-tier clauses.

## What are common pitfalls?

- Referring without a crystallised dispute
- Missing jurisdictional reservations
- Trying to re-argue merits at enforcement
- Non-compliant contractual adjudication clauses creating Scheme fall-back surprises

## When would a practitioner use this?

Cash-flow disputes on live projects; TCC enforcement applications.

## Quick reference

HGCRA s.108: adjudicate construction disputes anytime. 28-day decision culture. Temporarily binding; enforce in TCC unless jurisdiction/natural justice failure. Scheme fills gaps. Don't re-litigate merits at enforcement.

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*Reference material from [KTTC Legal](https://kttclegal.info/), not legal advice. Work product supports instructing solicitors and barristers under their supervision. England & Wales.*