As construction activity grows across South Africa and the wider region, so too does the likelihood of disputes. Delays, cost overruns, incomplete designs, and payment conflicts are increasingly common, often putting pressure on relationships, cashflow, and project delivery.
In this context, adjudication is playing a more prominent role. It offers a quicker, more accessible route to resolving construction disputes, and is being adopted with increasing confidence by contractors, consultants, and legal teams alike.
But what exactly is adjudication, and why is it particularly relevant to South Africa’s built environment professionals right now?
Understanding adjudication in construction
Adjudication is a procedure designed to resolve disputes while a construction project is still in progress. It allows one party to refer a disagreement to an adjudicator, who considers both sides’ positions and issues a decision within a set period.
It’s widely used for matters such as delayed payments, variations, extensions of time, or claims for defects. And unlike litigation or arbitration, adjudication is designed to keep the project moving, rather than halting progress until a resolution is reached.
In South Africa, adjudication is used contractually, particularly under JBCC, FIDIC and NEC agreements. It is not yet a statutory requirement (as it is in some jurisdictions), but it is increasingly recognised as an efficient and practical option for resolving disputes without entering formal court processes.
Why it matters in South African markets
According to the HKA Crux Insight Report 2024, projects in Africa are among the most heavily impacted by claims and disputes globally. The report highlights that:
- Schedule overruns averaged 76.6%, exceeded only in the Middle East
- Claimed costs reached 59.5% of capital expenditure
- 28% of projects faced payment-related disputes, in the absence of statutory adjudication
- Common causes include change in scope, late access to site, and incomplete designs.
In a sector where access to courts can be challenging, particularly in remote or resource-constrained regions, adjudication offers a way to resolve these challenges efficiently and protect cashflow.
It also allows parties to resolve technical and contractual matters with input from professionals who understand the industry and its standards, rather than relying on generalist legal interpretation.
The growing need for adjudication expertise
As adjudication becomes more widely used, there is a corresponding need for professionals who understand how to manage the process, whether acting as adjudicators themselves or representing clients in proceedings.
That includes knowledge of legal principles (such as South African contract and delict law), familiarity with different contract forms, and the skills to produce well-reasoned, enforceable decisions.
In practice, this means professionals from a range of backgrounds - from quantity surveying and commercial management to law and consultancy - are looking to develop this expertise.
Training for practice: RICS Diploma in Adjudication (South Africa)
To support this growing demand, RICS offers the Diploma in Adjudication in the Construction Industry (South Africa), 12-month, tutor-supported programme delivered online.
The diploma is designed to help professionals build the skills needed to participate in, or lead, adjudication proceedings with confidence. Participants explore key legal concepts, assess adjudication clauses in JBCC, NEC and FIDIC contracts, and develop decision-writing skills through practical exercises and feedback.
It is a structured course suitable for those working full-time, with formal assessments across five modules and support from expert tutors.
Hear from a past participant
“I thoroughly enjoyed the time I spent undertaking the RICS Diploma in Adjudication. I studied alongside an interesting group of people from across the construction and engineering industry in Southern Africa, with a broad range of skills, experience and sector focus.
Our tutors brought a wealth of first-hand experience from South African and international adjudication, sharing valuable guidance on what to expect when playing the role of an adjudicator and practical hints and tips on how to approach some of the challenges adjudicators face.
I would recommend the course to anyone who is interested in becoming an adjudicator or learning more about how adjudication is developing in this part of the world.”
- Stephanie McDonald, Senior Consultant, Bowmans
Enrolment now open
The next RICS Diploma in Adjudication (South Africa) begins on 4 September 2025.