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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.