15-10-2025
Expert Determination is a private and confidential form of alternative dispute resolution (ADR), where an independent and impartial expert is appointed by the parties to resolve a dispute. Unlike arbitration or litigation, the expert uses their specialist technical and industry-specific knowledge to make a binding decision on the issue in question.
Commonly used in the construction industry, this method offers a streamlined, cost-effective, and less adversarial alternative to traditional dispute resolution. It is particularly suited for disputes where expert technical insight is essential.
How Does Expert Determination Work?
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Agreement and Appointment
The parties agree—either through a specific contract clause or a separate agreement—to refer their dispute to expert determination. They then appoint an independent expert (such as one of our Arbicon experts), either by mutual agreement or through a nominating body. -
Submission of Evidence
Both sides submit written statements and supporting documentation. The expert may request further information or conduct investigations, unless limited by the terms of reference. -
Expert Review and Analysis
Drawing on their technical expertise and commercial insight, the expert reviews the evidence, may undertake inspections or tests if necessary, and evaluates the dispute impartially. -
Final and Binding Decision
The expert delivers a written determination. This decision is typically final and binding on the parties, offering closure without prolonged legal processes.
Suitable Construction Disputes for Expert Determination
Expert determination is ideal for resolving a wide range of construction-related issues, including:
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Valuation disputes and final account disagreements
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Claims for extensions of time and delay analysis
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Scope changes and variations
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Quality or performance concerns
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Disputes requiring technical expertise or specialist knowledge
Key Benefits of Expert Determination
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Speed – Often resolved in a matter of months, significantly faster than litigation or arbitration.
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Cost-Effective – Simpler and less formal processes result in lower legal and procedural costs.
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Confidential – Proceedings are private, protecting commercial interests and sensitive information.
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Expertise – Decisions are made by a specialist with relevant technical knowledge and industry experience.
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Relationship Preservation – The non-adversarial nature of the process supports continued business relationships.
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Flexible Process – Can be tailored to the specific needs of the parties and the dispute, unlike rigid court procedures.
Why Choose Arbicon for Expert Determination?
As Chartered Quantity Surveyors with specialist expertise in construction dispute resolution, we offer more than technical capability - we deliver a professional, practical, and efficient expert determination service.
Here’s what sets us apart:
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Deep Technical and Commercial Understanding - Our decisions are grounded in real-world construction experience and practical contract knowledge.
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Independent and Professionally Regulated - You can rely on our impartiality and adherence to the highest ethical standards.
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Process Management Expertise - We guide the determination process efficiently, reducing unnecessary delays and costs.
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Proven Track Record - We have successfully resolved numerous complex, high-value technical disputes.
Partnering with us means not just securing a binding decision, but gaining a trusted advisor who respects your commercial interests and values your time.
Next Steps
If your construction project is facing a dispute, expert determination may be the ideal solution. Contact us for a free initial consultation to discuss how we can help resolve your issue quickly, confidentially, and cost-effectively.
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