How to "Win" at Adjudication

When a dispute hits the fan on a construction project, most people think the first thing to do is reach for the contract and quote clause A,B or C.

That’s not wrong. But it’s not how you will "win" at adjudication either.

Having worked in the dispute space and acted on many sides, as a quantity surveyor, subject expert, adjudicator, and advisor, I’ve seen too many times that parties lose the adjudication because they didn’t have their evidence in order.

So today, I'll skip the basics of how adjudication works (there are already plenty of guides for that) and instead dig into what actually makes the difference between winning and losing.

First, Understand What Adjudication Really Is

Adjudication is not litigation. It’s not a debate. And it’s definitely not about who’s louder or angrier.

It’s a quick, paper-based decision-making process where an independent adjudicator decides who’s right based on the written submissions and supporting evidence.

This means your preparation before the dispute even starts is what wins you the adjudication, not how good your lawyer is once you’re in it.

What Should You Be Doing Now?

1. Keep a Diary. A Real One.

Site diaries, variation logs, email records, progress photos, and WhatsApp chats, these are your first line of defence.

Adjudicators love contemporaneous records. Why? Because they paint a picture of what happened in real time, not what someone "remembers" six months later.

2. Prove the Chain of Events

It’s not enough to say:

"They delayed us, so we’re claiming $200K."

You need to show:

• When the delay happened

• What caused it

• How it impacted your work

• What the actual cost was

• How you tried to mitigate it

• Whether you followed notice procedures

  
  

This chain of logic—cause → effect → quantification—is often missing.

Without it, the adjudicator can’t award you anything, even if they believe you.

3. Act Like It’s Going to Adjudication From Day One

This doesn’t mean becoming adversarial.

It means documenting everything as if someone impartial (like an adjudicator) might one day read it.

Use clear, professional language in emails

Confirm verbal instructions in writing

Keep records of weather impacts, access issues, and site changes

Make sure variations and claims are submitted properly and logged

4. Know the Difference Between “Fair” and “Provable”

I’ve seen contractors lose adjudications even when what they’re asking for seems completely fair.

Why?

Because adjudication is about what you can prove based on contract terms, evidence, and timing. Nothing else.

If you didn’t give the required notice, or you claimed without backup… sorry, but “I thought it was obvious” won’t cut it.

5. Understand the Power of Silence

Once you’re in adjudication, you don’t get to talk your way out of trouble. The process is document-based. That means:

• There’s no trial

• There’s no chance to explain something casually

• There’s no vibe or context or tone

Remeber, in adjudication:

If it’s not written, it might as well not exist.

If your documents contradict your story, you’ll lose credibility.

Be Dispute-Ready, Not Just Contract-Ready

Contract clauses matter. But in adjudication, what really matters is how well you’ve prepared your case.

Not in hindsight. Not after the fallout. But every single day, as you build, manage, and deliver.

Being dispute-ready doesn’t mean you’re expecting conflict. It means you’re protecting your value and setting up your business to survive and thrive, no matter what.