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ARTICLE · 01 APRIL 2021

Expert Determination Clauses: A Tailored Alternative For Construction Projects?

Jones Day
Jones Day
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Construction disputes face unique challenges in addition to those faced in other types of commercial disputes.

AustraliaReal Estate and Construction
James Ebert
James Ebert
Steven Fleming
Steven Fleming
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In Short

The Situation: Construction disputes face unique challenges in addition to those faced in other types of commercial disputes. Parties often agree to adopt independent expert determination as a means of managing these challenges.

The Concern: Many boiler-plate independent expert determination clauses are not sufficiently tailored to the nature of construction projects or the particular circumstances of the project.

Looking Ahead: Independent expert determination can be a useful tool for the management of disputes in construction projects. In order to obtain this benefit, expert determination clauses should be carefully drafted to ensure that the prescribed process reflects the intention of the parties and is tailored to the circumstances of the particular project.

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