Reviewed by Sean McNamara, 2026-10-07
RICS (the Royal Institution of Chartered Surveyors) operates structured dispute-resolution services for construction and property - separate from the courts, faster in most cases, and staffed by subject specialists. Knowing which route fits your dispute saves months.
The Housing Grants, Construction and Regeneration Act 1996 gives any party to a construction contract the right to refer disputes to adjudication at any time: an adjudicator (typically a surveyor or engineer) issues a binding decision within 28 days (+14 with consent), enforceable through the courts even if the losing party later litigates or arbitrates. Fees are hourly and split per the adjudicator's decision. This is the sharpest tool in the kit for unfinished or defective work.
Pure small-consumer money claims (repayment of a deposit, snagging under £10,000) are usually quicker in the small claims track. RICS routes and adjudication shine where technical questions decide the case (defect causation, valuations, extensions of time) or where speed matters because the project is stalled.
Negotiation (the parties resolve directly), mediation (a neutral facilitates agreement - non-binding until signed), and adjudication/arbitration (a neutral decides - binding). RICS services support all three, with adjudication and independent expert determination common in construction matters.
1) Negotiate on the documented file. 2) If stuck, appoint a mediator - usually within weeks, cost split between parties. 3) If mediation fails, adjudication (construction contracts: statutory right to a 28-day decision) or arbitration/independent expert for valuation-heavy matters. 4) Litigation remains the final backstop. Each step uses the evidence pack from the previous one.
Commonly listed: negotiation, mediation, conciliation, adjudication, arbitration. For UK construction, adjudication is the workhorse (28-day statutory timetable under the Housing Grants Act), and mediation the settlement tool courts expect parties to consider.
General frameworks vary; the construction version: identify the issue in scope terms, gather the documents, quantify the positions, negotiate, mediate, adjudicate/arbitrate, litigate. Skipping the early steps is how parties arrive at court unprepared and pay for it.
Sequence: freeze the evidence (photos, dates, payments), read the contract's own dispute clause (many mandate adjudication or specify appointing bodies), then Protocol letter, then the contractual route. Statutory adjudication applies to most construction contracts even where the contract is silent - including homeowner contracts for construction operations.
Under £10,000 and uncomplicated: small claims track with your photo-led file. Construction contract, any value: adjudication gives a binding interim decision in 28 days. Valuation disputes (final accounts, variations): independent expert or surveyor determination is often cheaper than either. Match the forum to the dispute size.