What is Expert Determination?
Expert determination is a private and confidential alternative dispute resolution (“ADR”) process, where an independent, impartial expert is appointed by the parties to resolve a dispute. Unlike arbitration or litigation, the expert’s role is to apply their technical and industry-specific knowledge to deliver a binding decision on the issue referred to them.
Predominantly used in the construction sector, expert determination offers a streamlined, cost-effective, and less adversarial alternative to traditional dispute resolution methods. It is especially suited for technical disputes where specialist knowledge is critical.
How Does Expert Determination Work?
- Agreement and Appointment - Parties agree, either via contract clause or separate agreement, to refer a dispute to expert determination. They select an independent expert (such as one of Arbicon experts), through a nominating body, or by mutual consent.
- Submission of Evidence - Both parties provide written submissions and supporting documents related to the dispute. The expert may request additional information or conduct their own investigations unless restricted.
- Expert Analysis - The expert applies their technical expertise and commercial understanding to review the evidence, potentially carry out inspections or tests, and evaluate the dispute impartially.
- Binding Decision - The expert issues a written determination which is generally final and binding on the parties.
Types of Construction Disputes Suited for Expert Determination
There are a wide range of construction disputes that are suitable for resolution via Expert Determination. Common examples include:
- Valuation disputes and final account settlements
- Extension of time claims and delay analysis
- Variations and changes in scope
- Quality and performance issues
- Technical assessments requiring specialist knowledge
Benefits of Expert Determination
- Speed - Typically faster than arbitration or litigation, often concluded within a few months.
- Cost-Efficiency - Reduced legal and procedural costs as the process is simpler and less formal.
- Confidentiality - Private proceedings protect commercial interests and sensitive information.
- Expertise - A single expert with relevant technical skills and experience ensures focused and informed decisions.
- Preservation of Relationships - Less adversarial and quicker resolutions can help maintain ongoing commercial relationships.
- Flexibility - Procedures can be tailored by contract or expert terms, unlike rigid court or arbitration rules.
Why Choose Us for Expert Determination?
As Chartered Quantity Surveyors specialising in alternative dispute resolution for construction disputes, we offer much more than just technical expertise. Our goal is to provide you with an expert determination process that is smooth, clear, and effective.
What sets us apart:
- In-depth technical and commercial knowledge of construction projects and contracts, ensuring decisions are grounded in real-world understanding.
- Independence and professional regulation, offering you confidence in our impartiality and ethical standards.
- Skilled management of the expert determination process, helping to keep things on track and avoid unnecessary delays or costs.
- Proven experience in complex technical disputes.
Partnering with us means not only receiving a binding decision but also benefiting from a streamlined, trusted service that respects your commercial interests.
Next Steps
If your construction project is facing a dispute, expert determination could offer a practical and effective solution. Contact us for a free initial consultation to explore how this process can help resolve your issues swiftly and fairly.