The short answer
The Act provides a structured way to resolve disputes that is efficient when used with discipline: define the dispute, gather evidence, and keep the procedure proportionate. Used badly, it becomes expensive and slow.
Why it matters
Not every complaint needs surveyors — before escalating, ask whether the issue arises under the Act, whether the owners can resolve it directly, whether it is about liability, method, cost or timing, and whether the amount is worth the likely fees. A proper referral includes a concise written summary, evidence and photographs, relevant dates, quotations where money is claimed, what has already been agreed, and the precise issue to decide; poorly prepared referrals increase fees. Surveyors should use procedure proportionate to the value — further information, a site inspection, short written submissions, technical advice, then an award — and act transparently, since one-sided communication creates suspicion and procedural risk. They decide and can apportion costs, and tactical or poorly evidenced disputes can backfire on costs.
What to do now
- Confirm there is a real dispute under the Act before escalating.
- Refer it clearly: a concise summary, evidence, dates, quotations and the precise issue to decide.
- Keep procedure proportionate to the value, and keep communication transparent.
Common mistakes
- Using surveyors as the first response to every minor irritation.
- Submitting a vague, poorly evidenced referral that drives up fees.
- Running tactical or exaggerated disputes that backfire on costs.
When to call Coburns
If you have a genuine dispute to resolve, send us a short summary and the evidence and we will deal with it proportionately.