Where disputes are won and lost
An adjudication decided on jurisdiction rather than merit, because the dispute had never crystallised. A referral that overreached and lost the adjudicator by page forty. An expert report that read as advocacy and was given no weight. The money usually turns on process and evidence, long before anyone reaches the question of who was right.
What this disputes course covers
How construction disputes are actually resolved, and how expert evidence works. Eighteen sections, written for quantity surveyors and commercial managers rather than lawyers.
Four fully worked examples and four applied scenarios. Most people spend twelve hours or more on it.
Two halves. The first takes you from negotiation through mediation, adjudication, dispute boards, arbitration and litigation — what each is for, what it costs, and how to run one. The second is expert evidence: the duty to the tribunal, producing a report that survives cross-examination, expert meetings, giving evidence, and what the QS route into expert work actually looks like.
What you will be able to do
choose a dispute route on the numbers rather than on instinct, and know what each one costs before you commit
establish that a dispute has crystallised, and avoid the jurisdictional challenge that defeats an otherwise good referral
run a payment adjudication on the notice provisions, and know which administrative habit produces the entitlement
prepare a referral an adjudicator can follow in twenty-eight days
respond to a referral served against you on nine days' notice
recognise the two grounds on which enforcement can be resisted, and reserve your position properly while still defending the claim
diarise every notice of dissatisfaction deadline, and know what happens if you miss one
understand the Arbitration Act 1996 as amended in 2025, including summary disposal and the new default on governing law
work within the Pre-Action Protocol timetable and the TCC's expectations
keep records that survive disclosure, and preserve documents properly the moment a dispute is contemplated
instruct an expert so their evidence is worth what you paid for it
read an expert report and find the eight failings that undermine it
give evidence, and understand what cross-examination is actually for
assess whether quantum expert work is a career direction for you
Who it is for
Commercial managers and quantity surveyors on MEP packages who are in a dispute, expect to be, or want to stop being. Contractors who receive referrals as well as those who make them. Anyone considering expert witness work as a career direction. No legal background assumed.
Course structure
Eighteen sections.
1-2. Why disputes happen, what they cost, and the resolution landscape — the options, the trade-offs, and what the contract decides for you
3-4. Negotiation, settlement agreements, mediation and ADR
5-7. Adjudication in depth — the Construction Act and the Scheme, crystallisation, smash-and-grab payment claims, running a referral, responding to one, enforcement, jurisdictional challenges, natural justice and reserving your position
8. Dispute boards under FIDIC and NEC, and notices of dissatisfaction
9-10. Arbitration — the agreement, the seat, the Arbitration Act 1996 as amended in 2025, institutional versus ad hoc, the New York Convention, procedure, disclosure, the hearing and challenging an award
11. Litigation and the TCC — the Pre-Action Protocol timetable, statements of case, and why Part 36 offers drive outcomes
12. Evidence — disclosure under PD 57AD, privilege, witnesses of fact, contemporaneous records, Scott and Redfern Schedules
13-14. Expert evidence — the overriding duty, CPR Part 35 and the Ikarian Reefer, independence, selecting and instructing an expert, and producing a report
15. Expert meetings, joint statements, giving evidence, cross-examination and concurrent evidence
16. The QS as expert witness — quantum work, the delay interface, technical building services evidence, building a practice, and the risks
17. Running a dispute commercially — the decision to pursue, budgeting, the internal team, advisers and the relationship
18. Four worked examples, a knowledge check and four applied scenarios
The worked examples
All four are built from scratch with their own figures: a smash-and-grab payment adjudication that recovers £229,122 in five weeks on the notice provisions alone; a contested extension of time on a mechanical package where six weeks is awarded against ten deducted, and the prolongation rate is cut by a third; a quantum expert working a £743,080 disruption claim down to £414,912 and showing exactly why at each step; and an adjudication won on the merits and then refused enforcement, at a cost of £89,200, because the dispute had not crystallised.
Curriculum
Common questions about this course
Is this a legal course?
No, and it should not be used as one. It explains commercial practice so that you can run a dispute competently and work sensibly with advisers. Statutes, rules and cases are cited to show where a principle comes from, not as a substitute for advice on your own facts.
Is it up to date?
Yes. The arbitration sections cover the Arbitration Act 2025, whose main provisions came into force on 1 August 2025 — the new default on the governing law of the arbitration agreement, the statutory duty of disclosure, summary disposal, and the reform of section 67 challenges. Most published texts predate it.
Does it cover adjudication in enough depth?
Adjudication is three of the eighteen sections and it is where most MEP disputes are decided. It covers the statutory framework, what counts as a construction contract, the Scheme, crystallisation, payment adjudications, running and responding to a referral, the timetable, enforcement, jurisdictional challenges, natural justice and reserving your position.
Is it useful if I only ever receive claims?
Yes. Responding to a referral on a short timetable is covered specifically, as is spotting the jurisdictional points that defeat one. The fourth worked example is an adjudication defeated at enforcement by a properly maintained reservation.
Do I need to want to be an expert witness?
No. Sections 13 to 15 are as much about instructing and reading expert evidence as about giving it — including how to instruct an expert so their report is worth what you paid, and the eight failings that undermine one. Section 16 is the part written for people considering it as a career.
How long does it take?
Most people spend twelve hours or more on it, because the four worked examples and four applied scenarios take real time to work through properly. There is no schedule and no expiry.
How long do I keep access?
Permanently. One payment, no subscription, and revisions are free.
Is there a refund?
Yes. Email within 14 days of buying and you will be refunded in full, no explanation needed.
Related courses
Courses on how a claim is built before it becomes a dispute, and on the contract mechanisms behind them, sit alongside this one on the courses page. This course is also included in the MEP Essentials membership.