Insights
Expert determination.
In expert determination the parties ask an expert in the subject to decide a defined question. It is used for technical, valuation or measurement questions.
How it works
- The agreement names the question to be decided and the expert, or how the expert is chosen.
- The expert reviews the documents, may inspect the site and may ask the parties for information.
- The expert gives a written decision.
Binding effect
The effect of the decision depends on the agreement. It is usually stated whether the decision is final, or may be challenged. Expert determination is not arbitration, and the arbitration statutes do not govern it in the same way.
Examples of questions
- Whether work complies with the specification.
- The value of work done or of a variation.
- The cause and extent of a defect.
- The measurement of quantities or areas.