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Adjudication Services

Adjudication Services

What is Adjudication?

The objective of adjudication is to reach fair, rapid and cost-effective decisions on disputes arising under construction contracts, usually within a 28 day timeframe. The appointed RICS adjudicator is a subject-matter expert with years of experience in the construction industry, who will decide on matters brought to their attention by the parties using their own specialist expertise. Under UK law, all disputes arising out of building contracts can be taken to adjudication, whether they relate to prompt payment issues or the quality of work done. Whether or not they have an adjudication clause in their contract, clients, contractors and subcontractors are all entitled to take a dispute to adjudication simply by giving notice and contacting RICS to appoint an adjudicator for them

RICS is pleased to offer the following adjudication services:

Read more on how to apply for the nomination of an adjudicator for each one below

 

   Advantages of Adjudication

  • Quick - Adjudication is usually regulated by a strict timetable that ensures decisions are made quickly; the statutory provision within the Housing Grants, Construction and Regeneration Act 1996 states that the adjudicator shall make the decision within 28 days of their appointment.

  • Cost efficient / maintains working relationships - Either party can submit a Notice of Adjudication to commence adjudication proceedings at any time. The strict timescales allow disputes to be resolved as and when they arise, avoiding unnecessary tensions and costs between the parties.

  • Avoid delays - An adjudicator’s decision is binding and must be complied with strictly. Although the decision binds the parties immediately, it is not necessarily final and may be reconsidered by a court or arbitrator at a later date. This has the advantage of ensuring that payment is not held up in the interim. This allows work to continue on site until the matter is finally resolved. In reality, the vast majority of adjudication decisions are never challenged later

Contact the DRS team

RICS Dispute Resolution Service
55 Colmore Row
Birmingham
B3 2AA

Call: +44 (0) 20 7334 3806

Email us

Construction Adjudication

The Housing Grants Construction and Regeneration Act 1996 (the Construction Act) allows any party to a construction contract in the UK to refer a dispute, at any time, to a 28-day procedure under which the matter will be decided by an independent adjudicator.  

Apart from a few exceptions, all construction contracts in the UK must provide for adjudication as a first instance formal dispute resolution procedure.

Parties to a dispute can agree who their adjudicator will be, but in most cases, where they cannot agree, one of the parties can apply to an Adjudicator Nomination Body (ANB) for one to be appointed. 

RICS is the UK’s leading ANB. RICS will nominate an adjudicator who is an expert in the subject matter in dispute and will use this expertise to decide the matter within 28 days.

Apply for the nomination of an adjudicator under the Construction Act

Complete and return the Request for the Nomination of a Construction Adjudicator in the United Kingdom application form [DRS2C].
 

There is an application fee of £425 inclusive of VAT for this type of nomination.

Please carefully read the Explanatory Notes before making your application.

Download the application form

Summary Adjudication

As the economic effect of the Covid-19 impacts severely on the construction industry, there are many contractors in the smaller end of the market who are struggling to access dispute resolution even under the reduced cost of Low Value Adjudication (LVD MAP) process.

As a specific response to the needs of the industry, RICS are now offering Summary Adjudication for claims below £20,000.

Parties can apply for the nomination of a qualified adjudicator who will be able to deliver a summary decision, with outline reasons only, restricted to one A4 page, within fourteen days of referral. There will be no inspection or site visit involved and the fee will be capped at £1000 + VAT. If either party wants full reasons, they will be able, at their own expense, to ask the adjudicator to produce them, once the summary adjudication has been completed.

Apply for the nomination of an adjudicator under this scheme

Please complete and return the summary adjudication application form.

There is an application fee of £250 + VAT for this type of nomination.

Download the application form

FAQ's

Low Value Dispute Adjudication

The high cost and legalisation of construction adjudication in the UK has led to an access to justice crisis for SMEs, which make up 90% of the businesses in the construction sector.

In collaboration with the Construction Industry Council (CIC), we have developed a low cost adjudication procedure to resolve disputes where the sum claimed is less than £50,000 and do not involve multiple or complex issues. The Low Value Dispute Model Adjudication Procedure [LVD MAP] provides parties with an uncomplicated structure and programme to manage disputes, and is compliant with the Housing Grants, Construction and Regeneration Act 1996 (as amended).   

The procedure has received the firm support of BEIS and the Construction Leadership Council and is being promoted widely to industry.

The LVD MAP Rules provide for a streamlined and cost-effective process, under which, e.g.:

  • The Adjudicator is expected to limit the length, or time for submission of any statement, response or argument
  • The parties are required to limit their documents to no more than one A4 lever arch file (or electronic equivalent) per submission.  

RICS will nominate an adjudicator who is an expert in the subject matter in dispute and will use this expertise to decide the matter within 28 days.


Apply for the nomination of an adjudicator under this procedure

Complete and return the Low Value Dispute Adjudication application form [DRS2 LVD].

There is an application fee of £300 inclusive of VAT for this type of nomination.

Please carefully read the Explanatory Notes / Rules before making your application.

Homeowner Adjudication

Unless both parties agree, Construction Act adjudication does not apply automatically to a contract where one party is a residential occupier and the contract works have been carried out on their home.

In some cases, building works on residential homes are carried out under a form of contract known as the JCT Building Contract for a Homeowner/Occupier. This form of contract includes specialist provisions tailored for dealing with disputes between commercial businesses (e.g. builders) and consumers (e.g. homeowners).

RICS will nominate an adjudicator who is an expert in the subject matter in dispute and will use this expertise to decide the matter within 21 days. (Note: the adjudication process under this form of contract is bespoke and is not governed by the Housing Grants, Construction and Regeneration Act 1996 (as amended), Construction Act).

Apply for the nomination of an adjudicator under this procedure

Complete and return the Request for the Nomination an Adjudicator – JCT Homeowner Scheme application form [DRS2HA].

There is an application fee of £144 inclusive of VAT for this type of nomination.

Please carefully read the Explanatory Notes / Rules before making your application.

Download the application form

JCT Homeowner: Rules

JCT Homeowner: Occupier Explanatory notes