June 2026

Disputes are inevitable, delay is optional

When RICS dispute resolution expert Gemma Beasley visited Australia recently, one industry challenge kept surfacing: too many issues that are recognised early are resolved too late. How do we respond?

In construction and infrastructure, disputes are not a sign of failure. They reflect the reality of projects defined by risk, pressure and complexity. The real question is not whether issues arise, but how they are managed to protect time, cash flow and relationships.

In my role as Head of Dispute Resolution Service Operations and Appointments at RICS, I recently visited Australia, including time with the RICS Australia DRS. The findings of my visit reinforced both the strength of the market and the opportunity to continue improving how disputes are managed in practice.

Across discussions on both the East and West coasts, the capability of the sector was clear. It is experienced, commercially aware and supported by strong contractual frameworks. Delivery models vary, but the pressures are consistent and issues are not always addressed as early as intended.

For consultants advising on projects, this is a familiar dynamic. Smaller matters can escalate and positions become entrenched, reducing the opportunity for early resolution. On projects that often run for several years, the impact is not only financial, but also affects delivery, relationships and reputation.

Security of payment adjudication is a key strength of the Australian system. It is widely used and effective in resolving payment disputes and supporting cash flow. However, its scope is narrow and does not always address underlying issues.

This reinforces the value of earlier and more proactive intervention. Tools such as expert determination and the use of independent specialists play an important role, supported by the expertise and appointments provided through RICS Dispute Resolution Service.

Dispute avoidance and management sit at the centre of this approach. This enables issues to be addressed while projects continue, supports practical, positive outcomes and helps maintain working relationships. Crucially, it is not only about resolving disputes but about avoiding them by addressing issues before they escalate.

Access to the right expertise at the right time becomes critical. Through its Australia Dispute Resolution Service, RICS combines global standards with local expertise. In Australia, DRS works with locally based professionals to support dispute resolution across construction and property.

With over 50 years of experience, DRS provides adjudication, arbitration and a full range of ADR processes, alongside the tools, frameworks and training, including expert witness training, as well as expert determination which is needed to support earlier and more effective resolution.

Australia has a strong foundation. The opportunity is to build on this by continuing to act early, using available expertise and embedding dispute avoidance into project delivery.

About the author

Gemma Beasley is Head of DRS Operations & Appointments at RICS, with responsibility    for the delivery of dispute resolution services across construction, infrastructure and        property. She works with industry and government stakeholders to support the                    practical   use of alternative dispute resolution and the development of skilled dispute      resolvers.   

Contact Gemma Beasley directly or the RICS DRS Australia team.