Following last week’s European Council summit, the UK government has stated that it will not continue trade deal negotiations, having accused the EU of lacking flexibility in its approach and...
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.