Construction Adjudication Solicitors
Defending a Claim

Response Document and Strategy

Once a payment dispute is referred to adjudication by the Claimant, the Respondent must react very quickly. The Responding party ("the Respondent") must decide whether it wishes to contest the payment claim or possibly to try to negotiate a settlement prior to the adjudicator making a decision.

If the decision is to contest the claim the Respondent must assemble its team, gather the relevant information and decide the approach it wishes to adopt. The Respondent may decide to fight the substance of the claim and / or to fight the process. For example, if the Respondent wishes to fight the process it may raise issues such as in the jurisdiction of the adjudicator to deal with the matter. Such jurisdictional challenges should be maintained during the adjudication as, even if they are dismissed by the adjudicator, they may be of assistance to the Respondent in resisting enforcement of an adjudicator’s decision in court.  

The Respondent must decide what it intends to include in the response and how it intends to complete the response in the time available. The Claimant must deliver its referral within seven days of the appointment of the Adjudicator. Upon receipt of the referral the Adjudicator is required to inform the parties of the procedures that it is intended to apply during the adjudication process. This includes directions as to the timetable for the adjudication, and any deadlines or limits as to the length of written documents.

In drafting its response the Respondent should consider issues such as:-

  1. The facts of the matter;
  2. The application of the facts to the contract / subcontract;
  3. An analysis of the law;
  4. The strategy for opposing the claim;

The Respondent should continually revaluate its objectives and its strategy in the light of any new information that emerges during the adjudication process. ​

Call us

Speak with a solicitor now by calling our LoCall number
1890 66 81 99

Email us

Submit your case details via our confidential web form
Contact Form

Request call back

Request a confidential callback at a time that suits you.
Call back

Commentator’s Recognition

"Anthony Hussey remains a standout figure for his in-depth knowledge of contentious matters in the sector. He is well known for defending contractors and subcontractors in construction litigation; he is also an experienced arbitrator."
Chambers Europe Guide 2016

Our Philosophy

"The team at Hussey Fraser strive, at all times, to achieve the best possible outcome for our clients, whilst delivering an unrivalled commitment to customer care."
Malcolm Fraser, Managing Partner

The Practice

Hussey Fraser has many decades of experience in acting on behalf of employers, contractors and subscontractors.
In addition, we are a highly regarded law firm, having secured the endorsement of both the legal 500 and Chambers, who evaluate law firms worldwide. We have also been awarded a Gold Standard by Outsource Quality Management, who carry out quality control assessments. These accolades speak to the commitment that Hussey Fraser has to deliver a consistent, professional service to our clients.
Hussey Fraser Solicitors, 17 Northumberland Rd, Dublin 4, Ireland.
Web Design | Content Management: Eden Studios, Dublin.

Confidential Callback

To speak to an construction law specialist, request a callback at a time that suits you.

All correspondence is treated as confidential.

Hussey Fraser Solicitors