Expert Determination

 

 

1. What is Expert Determination In Construction?

We are often asked by clients with a construction dispute. ‘What is Expert Determination in Construction?’ Quite simply, Expert Determination in construction is a form of alternative construction dispute resolution in which a third party, an expert in a particular subject, is appointed to decide the construction dispute. The expert’s decision is binding on the parties, unless agreed by the parties from the outset. It can be used very effectively for technical issues in the construction industry.  Contact the Construction Law team today and we can help
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2. What is Determination in Construction Contract?

Clients often ask us ‘what is determination in construction contract’? Expert determination in construction is a quick method of construction dispute resolution that has a degree of finality as result of the limited grounds for appeal. Expert Determination clauses are quite often drafted into construction contracts in the event that a technical construction dispute arises. The use of a true expert to run the process and carry out their own investigations can be rather useful.
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3. Construction Claims and Expert Determination

Construction claims and expert determination are terms we often hear in construction law. Expert determination is a form of alternative dispute resolution in construction by which parties can use to decide their construction claims. It is not as popular as other construction dispute resolution methods, but used correctly, it is a simple and quick method of resolving construction disputes. It often requires limited witness evidence or oral hearings. It is seen by many in the construction industry as an efficient and cost-effective way of resolving a construction dispute.
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4. Expert Determination in construction pros and cons?

We are often asked to look at Expert Determination in construction pros and cons. Expert determination in construction is a quick and effective form of dispute resolution. It is particularly useful for construction disputes of a technical nature where true expertise is required to reach a decision. However, it may not be an appropriate method for every construction claim and there are pros and cons.

We look at expert determination in construction pros and cons and consider when parties may want to think about using this method of dispute resolution instead of other more common forms, such as construction adjudication, construction arbitration or litigation.​
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5. Expert determination in construction vs arbitration

Expert determination in construction and construction arbitration are alternative dispute resolution procedures. Parties to a construction contract can agree to employ these procedures to resolve their disputes without the formalities of construction litigation proceedings.
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6. Expert determination in construction claim vs arbitration

Expert determination and arbitration are alternative dispute resolution procedures in construction. Parties to a construction contract can agree to employ these procedures to resolve their disputes without the formalities of construction litigation proceedings. Both processes involve the parties in a construction construction dispute submit their case to a third party, impartial person who decides the issues. In expert determination in construction, an expert will determine the issue, usually of a technical nature. In construction arbitration, the arbitrator acts a judge and jury.
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7. Expert determination in construction advantages and disadvantages

This guide will assist with expert determination in construction advantages and disadvantages. Expert determination in construction is a popular option as a form of construction dispute resolution but it may not be appropriate for every construction claim.

Generally, expert determination in construction allows parties more control with the process. This is because they get to choose the expert determiner with the relevant skills to the dispute who will conduct the expert determination process in accordance with the terms agreed by the parties from the outset.​
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8. Expert Determination construction in claim contracts

Expert determination in construction claim contracts are used in the construction industry to provide option for parties with a construction dispute of a technical nature. Expert determination in construction is a confidential and binding process that can offer effective means to settle a construction dispute. The construction expert is required to at fairly and give both parties the opportunity to be heard and respond to each other. The construction expert is an independent person with relevant expertise in the construction sector in which the construction dispute has arisen.
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9. Expert Determination in Construction Claim disputes

Expert determination in construction claim disputes involve the appointment of an independent expert to resolve the issues between the parties. The expert’s decision is legally binding on the parties, unless otherwise agreed by the parties prior to the expert determination process.

Expert determination in construction claim disputes is ideally suited to disputes and matters of technical nature. It is an alternative construction dispute resolution method.​
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10. Expert Determination in construction claim example

Expert determination in construction refers to a decision made by an impartial, third party expert with particular knowledge and expertise in a particular subject matter. Expert determination in construction has been used for a long time in construction contracts as a way of settling disputes, for example by engineers of contract administrators.
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11. Expert determination in construction claim form

Expert determination in construction is a procedure written into the construction contract between the parties. There is no formal claim form in expert determination. This is because it is usually a procedure which is expressly drafted into the construction contract entitling the reference of a dispute or disputes to an expert.

It is a quick and cost effective construction dispute resolution method, which is usually used in construction projects with an engineering element such as the renewable energy sector.​
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12. Expert Determination in Construction Claim Guidance

At FWJ we can assist you with the necessary expert determination in contraction claim guidance. We have great experience guiding clients through the necessary steps to resolve your construction dispute. 

Expert determination in construction is an important dispute resolution process in which an impartial, third party expert, who has the knowledge and experience of a practitioner in the field of the matter, is appointed to resolve the issue. 

Under English law, the expert’s determination is final and binding without any scope for an appeal to the expert’s decision save for few limited exceptions. While experts must be fair and impartial there are not bound to comply with the rules of natural justice unlike a construction adjudicator or construction arbitrator. ​
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13. Expert Determination in Construction Claim Guide

At FWJ we often get asked about an expert determination in contraction claim guide. We have a wealth of experience guiding clients through the necessary steps to resolve your construction dispute through expert determination in construction.  We can be your very own Expert Determination in Construction Claim Guide

Expert determination in construction is a useful dispute resolution procedure in which an impartial, third party expert with the knowledge and experience of a practitioner in the subject matter, is appointed to resolve the construction dispute. An expert’s decision is final and binding without any scope to challenge the expert’s decision (except in very few limited exceptions). Experts must be fair and impartial but they are not bound to comply with the rules of natural justice unlike an adjudicator or arbitrator. ​
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14. Expert Determination in Construction Claim law

Expert Determination in construction claim law is in simple terms a cost effective and relatively quick method of construction dispute resolution.

However, unlike construction litigation, construction adjudication and construction arbitration, there is no body of case law or statutory provisions that govern the expert determination procedure. The rights of the parties and the powers of the expert in the expert determination process must be the subject of agreement between the parties at the time of the construction contract or at the time the matter is referred to an appropriate expert. ​
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15. Expert Determination in Construction Claim questions

Expert determination in construction claim questions usually include, what is expert determination in construction and when do you use it?

Expert determination is a construction dispute resolution process which is generally binding, can be relatively quick and cost effective. In particular, it is used for disputes of a specialist or technical natures between parties to a construction contract where the scope for dispute is likely to be limited.
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16. Expert Determination in Construction Claim resolution

We are often asked by clients about expert determination in construction claim resolution. Expert determination in construction is a form of construction alternative dispute resolution (ADR) in which the parties to a construction contract ask an independent third party expert to make a final and binding decision on a particular construction dispute. The construction dispute covered in the expert determination is usually of a technical nature so that it needs resolution by an appropriate expert with the expertise to investigate the matter that has been referred. 
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17. Expert determination in construction claim UK

We are often asked to explain the key characteristics of ‘Expert determination in construction claim UK’’. Expert determination in construction is a dispute resolution process that offers a quick and relatively cheap method of determining a construction dispute, usually of a technical nature between contracting parties of a construction contract. The construction dispute is likely to concern a specialist construction issue and the expert determiner who is appointed will have the relevant expertise to investigate the issue and provide a resolution. It has become a successful means of resolving disputes in almost all areas of the construction industry.
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18. Construction claims expert determination procedure

We have often been asked by our construction clients about the construction claims expert determination procedure. Unlike litigation and arbitration proceedings, expert determination is not governed by rules of court, construction law or statute and the procedure for expert determination in construction is entirely dependent on the agreement of the parties to a construction contract. If a procedure has not been set out at the time the construction contract was entered into it, one will need to be established at the time the construction dispute arises and the need to refer the dispute to an expert for determination. The difficulty with this is that once a dispute has materialized, it can often be harder for agreement between the parties to be achieved. It is therefore very important to carefully draft the expert determination clause into the construction contract.
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