Adjudication decision unpaid: what happens next?

Why the decision is enforceable before the underlying dispute is finally decided

Section 108 requires the construction contract to provide that the adjudicator's decision is binding until the dispute is finally determined by legal proceedings, arbitration or agreement. That “pay now, argue later” structure is central to statutory adjudication.

A party therefore cannot usually refuse to comply simply because it believes the adjudicator reached the wrong conclusion on the merits.

What documents are needed?

The 2026 TCC Guide says the enforcement claim should identify the construction contract, the adjudicator's jurisdiction, the procedural rules, the decision, the relief sought and the grounds for that relief. Supporting evidence should ordinarily include the Notice and decision. Where jurisdiction is disputed, the relevant adjudication pleadings may also be needed.

In practical terms, prepare: the contract and amendments; Notice of Adjudication; nomination/appointment material; referral, response and relevant jurisdiction correspondence; adjudicator's directions; decision and any correction; demand/payment correspondence; and evidence that payment has not been made.

How fast is the TCC enforcement route?

The 2026 Guide says a TCC judge will ordinarily provide directions within three working days of receiving the application. It also says the directions will ordinarily provide for an enforcement hearing within about six to eight weeks, with shorter timetables possible in more straightforward cases.

The Guide now states that where the sum in issue is below £100,000, enforcement proceedings should ordinarily be commenced in the County Court, although High Court proceedings may be appropriate where there are significant or novel points of principle or allegations of fraud.

How can enforcement be resisted?

The TCC expects parties to address the limited grounds on which an adjudicator's decision may be resisted. Jurisdiction and material breaches of natural justice are central categories. The court will not generally use an enforcement hearing as a full rehearing of the merits.

Separate Part 8 proceedings may exceptionally be suitable for a short, self-contained legal issue, but the 2026 Guide warns that Part 8 should not normally be used simply to prevent enforcement where substantial factual disputes are involved.

Can the underlying dispute still be litigated or arbitrated?

Yes. Enforcement of the temporarily binding adjudication decision and final determination of the underlying dispute are distinct. The contract and circumstances determine whether final resolution is by litigation, arbitration or agreement.