Dispute Resolution
Accredited expert determiner for commercial, construction and infrastructure disputes. Binding and non-binding determinations informed by specialist technical expertise.
Expert Determination
Expert Services International provides expert determination services for commercial, construction and infrastructure disputes. Our expert determiner is accredited by the Resolution Institute and brings to each appointment the specialist technical knowledge necessary to resolve disputes that turn on questions of quantity, quality, cost, programme or technical compliance.
Expert determination is well suited to disputes where the issues are primarily technical or financial in nature and the parties seek a resolution that is faster and more cost-effective than arbitration or litigation. The expert determiner's role is to investigate the matters in dispute, apply relevant expertise, and deliver a determination that is binding on the parties in accordance with the terms of the expert determination agreement.
We accept appointments by agreement of the parties and by nomination from appointing bodies. Our expert determination services are available across Australia and internationally.
Areas of Practice
Expert determination is particularly effective for disputes involving technical or financial questions requiring specialist expertise.
Disputes concerning the valuation of work, the assessment of claims and the quantification of damages where the parties seek a determination by an expert with relevant technical qualifications.
Disputes concerning compliance with specifications, standards and contractual quality requirements, defective work and the scope of rectification.
Disputes arising from the administration of contracts, including the assessment of variations, extensions of time and practical completion.
Commercial disputes where the contract provides for expert determination as the agreed mechanism for resolving specified categories of dispute.
Disputes arising from rent review mechanisms and lease provisions where the determination of market value or other technical questions is required.
Process
We conduct expert determinations in accordance with the terms of the expert determination agreement and any applicable procedural rules. Our process is designed to be efficient and proportionate, with emphasis on identifying the key issues, receiving submissions and evidence from the parties, and delivering a well-reasoned determination within agreed timeframes.
Where appropriate, we conduct site inspections, request further information from the parties, and engage in discussions to clarify the matters in dispute. Our determinations set out the reasoning applied and the conclusions reached, with sufficient detail to enable the parties to understand the basis of the determination.
Credentials
Our principal is an accredited expert determiner and member of the Resolution Institute Expert Determination Committee. He holds Fellowships of the RICS, CIArb, CIOB and Resolution Institute, together with qualifications in construction, quantity surveying and management, and a Master of Laws in International Commercial Law. He chairs a number of dispute resolution and expert witness committees and serves as Chairman of the Construction Arbitration Centre (Asia Pacific).
For a full profile, refer to Neil Kirkpatrick — Principal.
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