15-10-2025
Expert Determination is the latest evolutionary ADR process to emerge where the parties’ rights are determined, beyond adjudication, arbitration and the likes of single joint expert reporting. All construction disputes at some point require Expert input normally by a Chartered Quantity Surveyor. Construction disputes arising such as valuations, delays, defects, contract breaches and the like are examples that are normally beyond the remit of lawyers unless they are chartered qualified, experienced professional construction consultants. If you engage a law firm, they will always seek a CQS Expert to complete a CPR 35 report or to prepare evidence and/or advisory argument for your case. Expert Determination allows parties to cut straight to the Expert between them and immediately resolve the dispute without the delay and unnecessary cost of legal proceedings.
Expert Determination allows the parties to agree with the help of the Expert, the framework of the determination process without CPR rules or procedural case law rules that are in present more formal proceedings. The focus is on the problem rather than procedures. The Expert manages the process not unlike an adjudicator, arbitrator or single joint expert, but gets to a legally binding decision that is final and binding on the parties that cannot be challenged unless there is some kind of bias or breach in natural justice.
The Profile of the Expert in the Construction Dispute Expert Determination
In an Expert Determination of construction disputes, the Expert must be highly qualified, ideally a Chartered Quantity Surveyor (RICS) with experience in construction law, contracts, measurement, valuation, delay analysis, construction technology, expert witness award writing, dispute resolution and all ADR processes, such as arbitration, mediation and adjudication. Arbicon employs Experts to who are trained to this high level and experienced profile.
Our Experts are trained in all ADR processes such as adjudication, arbitration mediation and expert witness, and are skilled in Expert Determination providing clear and authoritative decisions on complex construction-related issues.
Key Components of Expert Determination
- Agreement and Procedure - The parties agree with the Expert the scope and procedure to be adopted and the powers of the Expert on timetable, submissions, meetings/site visits and the final determination document.
- Fees and expenses of the Expert – Plus how party costs are dealt with. E.g. 50-50 or each side pays its own costs or costs follow the event.
- The Determination: Written, publication process is temporary or final legally binding on both parties, dealing with errors, interest and costs.
- Other factors to be agreed – Confidentiality, conflicts of interest, Scott Schedules, joint liability for fees, Expert immunity, communications, the applicable case law.
Why Use Expert Determination?
Construction disputes are often complex, of high value and almost all cases require some form of Expert input. For example, disputes are commonly about payment, valuation, delays, defects, obligation issues, liability or quantum. Expert Determination allows parties to dispense with lawyers and cut straight to the Expert for an independent decision on their dispute.
Find Out More
If you are faced with the options of an adjudication, arbitration, mediation or court proceedings and/or you have been directed to appoint a Single Joint Expert then consider the Expert Determination option with the other party and with Arbicon.
If you would like to explore this option, then call Arbicon for a free initial consultation on 01733 233737.
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