Expert determinations are hard to challenge so word your contract carefully

In brief - Make sure your contract clearly sets out how the expert should make decisions

If your contract contains an expert determination provision, then you will probably have no choice but to abide by whatever the expert decides. Making sure your expert determination provision specifies what matters need to be considered and what should be excluded can lead to a better outcome for you.

When can expert determinations be challenged?

Expert determinations are hard to challenge. Generally, opportunities to challenge a decision will only arise if the expert has incorrectly identified the objective of the expert's task, if there is an error of law or if there is a manifest error.