Dispute Resolution
Efficient, confidential and cost-effective dispute resolution through independent technical expertise.
What is Expert Determination?
Expert determination is a dispute resolution process that utilises an independent expert, expert in the subject matter of the dispute. The expert determiner is appointed by the parties and a determination may be legally binding dependent on the rules agreed by the parties to a dispute for the expert determination. Expert Determination has the benefit of being a confidential process and can be an efficient and cost effective means to resolving a dispute of technical nature.
Confidential & Efficient
Expert Determination is a form of dispute resolution popular as a choice for settling disputes in the construction industry and may also be encountered through a dispute resolution clause under contract where parties have elected to settle disputes utilising an independent expert as the means of settling issues arising on a project. This form of Alternative Dispute Resolution is particularly suited to disputed variation type disputes or technical issues which can be determined by a technical expert, rather than detailed legal issues that may arise. It can also be used for issues such as rent reviews, insurance or boundary type disputes. Because it is private and arises through rules adopted by the parties, it is an excellent form of dispute resolution that can provide informality and flexibility to suit many differing circumstances in a dispute.
Binding & Non-Binding Options
The expert determiner applies their expertise to the specific issues submitted and renders a determination. Whether the determination is legally binding depends on the contractual terms and rules agreed by the parties. Some expert determinations are binding, others are non-binding advisory determinations that the parties may accept or reject.
This flexibility makes expert determination ideal for parties seeking either definitive resolution or independent expert advice on contested technical matters.
Experience and Expertise
We have over twenty years experience resolving issues in the construction industry and intimately understand the complex and technical issues that can arise in disputes to a construction contract including valuation, project management, defective work and delay. This knowledge and experience can greatly benefit the parties to a dispute who wish to utilise expert determination as an efficient means to settling a dispute.
We provide expert determination on variation valuations, contract interpretation issues, and technical compliance matters. Our expertise encompasses construction contracts, engineering standards, and contractual mechanism administration.
Expert determination on delay, time extensions, programme sequencing, and project management methodology disputes. We understand construction scheduling and the practical implications of project changes.
Determination of construction defects, non-compliance with specifications, design failures and remediation costs. Our investigations establish clear findings on technical matters.
Expert determination resolves disputes faster and at lower cost than litigation or formal arbitration. Our processes are flexible and can be tailored to meet specific timeframes and complexity levels.
Available Nationwide
Expert determination services are available throughout Australia where we assist with expedient, cost effective and independent resolution of issues submitted to the expert determination process enabling businesses to return to their core businesses quickly with disputes resolved pursuant to the rules adopted by the parties to the process.
We accept appointments by direct party agreement or through dispute resolution clauses embedded in contracts. Our administration of expert determination processes ensures procedural fairness while maintaining efficiency and confidentiality throughout.
Our experience spans domestic and international disputes. We are familiar with expert determination processes under various legal frameworks and contract types, enabling us to adapt to specific requirements and jurisdictional requirements.
Expert determination remains private throughout. Unlike litigation or arbitration, determinations are not made public. This confidentiality protects commercial sensitivities and sensitive project information.
