Can I force payment without adjudication if the main contractor misses Construction Act deadlines?
By George Kershaw, Founder, ContraUpdated
You can demand the Notified Sum directly, and where a main contractor has simply not paid a crystallised sum they do not dispute, that demand alone often secures payment without adjudication. But adjudication is the statutory mechanism to force payment if they refuse - fast, with a binding decision in 28 days. There is no separate shortcut where the sum is genuinely resisted.
Key takeaways
- A crystallised Notified Sum is a debt, so a clear written demand often secures payment without adjudication.
- If the main contractor refuses, adjudication under section 108 is the statutory route - 28 days, binding.
- Court is the slower, costlier fallback; adjudication is why the Act exists.
- A late Pay Less Notice is invalid and does not reduce the Notified Sum.
A direct demand often works
A Notified Sum that has not been reduced by a valid Pay Less Notice is a debt due under section 111, not a valuation dispute. Many main contractors pay on a clear, evidenced demand rather than take an adjudication they are likely to lose. So the honest answer is: often, yes - a demand secures payment and no adjudication is needed.
When you still need adjudication
If the main contractor refuses, or raises an argument about the sum, adjudication under section 108 is the route. You can refer at any time; the adjudicator decides within 28 days; the decision is binding immediately and enforced robustly by the Technology and Construction Court. It exists precisely so subcontractors do not have to wait for a full trial to be paid.
This is the pay now, argue later principle. In Macob v Morrison [1999] EWHC 254 (TCC), Dyson J held that Parliament had made clear that “the decisions of adjudicators are binding and are to be complied with until the dispute is finally resolved”.
Court is the slow alternative
You can pursue the debt through the courts instead, but it is slower and costlier, which is why the Act created adjudication in the first place. For a crystallised Notified Sum, adjudication is almost always the faster path to cash.
What actually speeds it up
Promptness and evidence. A dated, precise demand backed by The Record™ gives the main contractor little room to stall, and gives an adjudicator a clean case if it goes that far. Contra drafts the demand the moment the deadline lapses; Draw Forward™ (coming) will let you take the cash against the Notified Sum rather than wait for it.
This guide is general information on UK construction payment law, not legal advice. Payment terms vary by contract; take advice on your specific position.
About the author
George Kershaw · Founder, Contra
George Kershaw is the founder of Contra, which builds Construction Act payment and deadline tracking for UK specialist subcontractors. He writes on subcontractor payment rights, the Housing Grants, Construction and Regeneration Act 1996, and construction adjudication.
Sources
Frequently asked
Is adjudication expensive or slow?
It is far faster and cheaper than court: a binding decision within 28 days of referral. Each party generally bears its own costs, and the adjudicator's fee is usually modest against a crystallised Notified Sum.
Can I go straight to court instead?
Yes, you can pursue the debt in court, but it is slower and costlier than adjudication. For an un-notified Notified Sum, adjudication is usually the quicker route to payment.
What if they serve a Pay Less Notice late?
A Pay Less Notice served after the deadline is invalid and does not reduce the Notified Sum. The sum remains due in full.
Related guides
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