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
Read more on how to apply for the nomination of an adjudicator for each one below
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.
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.
Published date: 06 December 2023
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 £100,000 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 The Department for Business and Trade (DBT) formerly BEIS and the Construction Leadership Council and is being promoted widely to industry.
The procedure provides for a streamlined and cost-effective process, under which, e.g.:
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.
Complete and return the Low Value Dispute Adjudication application form [DRS2 LVD].
There is an application fee of £425 inclusive of VAT for this type of nomination.
Please carefully read the Explanatory Notes / Rules before making your application.
Find more information and to download the CIC LVD Map Procedure please visit the CIC website: CIC Low Value Disputes Adjudication.
Published date: 23 February 2024
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.
Please complete and return the summary adjudication application form.
There is an application fee of £300 inclusive of VAT for this type of nomination.
Published date: 12 February 2024
Published date: 17 November 2020
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).
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.
Published date: 12 February 2024
Published date: 24 June 2021
Published date: 18 June 2019