EXPERT DETERMINATIONS: Expert Determinations are suitable for disputes where the law is well understood but the Partes have different opinions regarding the quality of work or services to be provided under a Contract.
When Parties and their Advisors consider they should go directly to an Expert Determination there is value in not dismissed out of hand the potential of Mediation as an intermediate measure to resolve peripheral issues. With the appropriate documentation any secondary claims/issues resolved in Mediation can be incorporated into the Experts Determination as Matters Agreed by the Parties.
While the Expert Determination process can be used for both large and small disputes, it is especially appropriate for small scale construction work where financial restrictions can negate a just outcome.
The Parties together agree that a trusted independent and impartial expert in the subject matter of the issues in dispute will investigate the situation, consider evidence and submissions, take into account any Contract and/or Agreement, and especially any Variations issued as the work proceeded. Also the context and circumstances of the dispute, and any other matter the expert considers to be relevant to the dispute so as to make their Determination. The process is private and confidential but it is not an arbitration or adjudication, although the principle of Natural Justice still apply.
FORENSIC ARCHITECTURE REPORTS: With an extensive background in architecture, Keith has been engaged over the years to investigate and report on matters associated with building disputes, and to prepare expert evidence for legal negotiations and actions.