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Expert Determination

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Breakthrough to a resolution

Expert Determination is a confidential and flexible and usually fairly fast, dispute resolution process in which an independent expert, with expertise relevant to the dispute, is appointed by the parties to resolve the matter. 

Expert Determination is normally employed where a fast decision is required, usually on a technical issue. It is also more often than not where the facts of the dispute are agreed. In other words the dispute is a genuine difference of opinion on a technical matter as opposed to one party acting to frustrate the other and delay payment.

The expert’s decision is (subject to prior joint agreement) legally binding on all parties. 

Benefits of use:

  • You are asking someone who is fully familiar with the technical issues.
  • It is normally much cheaper, faster and more flexible than formal litigation or other ADR procedures.
  • The experts decision is usually binding and final. 
  • As it is confidential the chances are that existing business relationships can be maintained.

ConstructPRO offer Expert Determination on matters relating to construction contract disputes. For more information or an informal chat please get in touch today. Alternatively click here to request a call back.

 

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