Expert Determination In Construction Contracts

"Expert determination" can refer to a broad range of decisions – binding or non-binding – made by a third party. Expert determination has been used for a long time under construction contracts as a way of settling disputes by the engineer or contract administrator. With a vast array of dispute resolution options available to contracting parties, expert determination certainly has a role to play. But what makes it different to, say, arbitration or adjudication? A recent Australian case (which is also relevant where English law applies) examined some of its distinguishing features.

Background

The construction contract in question provided:

• for disputes to be resolved by expert determination, following (unsuccessful) executive negotiation;