Expert Determination

Expert Determination can be used to resolve many types of dispute, whether as part of a contractual dispute resolution process or under an ad hoc agreement between the parties after a dispute has arisen.

It can offer a relatively quick and cost-effective way of resolving disputes, particularly those of a technical nature where an appropriate “expert” is appointed to reach, usually, a binding decision.

Expert Determination is less suited to disputes which require a detailed consideration of factual matters or where factual witnesses take opposing views.

The most common type of construction disputes which might be referred to Expert Determination are:

  • whether instructed works amount to a variation
  • whether practical completion has been achieved
  • whether works are defective
  • the valuation of remedial works/dilapidations

If Expert Determination is to be considered, it is very important to ensure that the terms of reference and procedure are clearly set out.