Dispute Resolution
Independent expert determination for construction and engineering disputes. Private, binding resolution available across Australia and internationally.
Expert Determination
Expert Services International provides expert determination services for construction and infrastructure disputes. Expert determination is a private, contractual dispute resolution process in which the parties agree to appoint an independent expert to make a binding determination on the issues in dispute. The process is particularly suited to disputes that turn on technical matters or specialist knowledge.
The expert determiner must act fairly and impartially, provide the parties with a fair hearing, and make a determination based on the evidence and submissions provided. Our expert brings to each engagement the technical and commercial understanding necessary to assess the issues and to reach a reasoned determination that reflects the underlying merits.
Expert Services International accepts appointments as expert determiner by agreement of the parties and by nomination from appointing bodies. Our determination services are available across Australia and internationally. Our principal is accredited by the Resolution Institute and holds Fellowships of the RICS and CIArb.
Areas of Practice
Expert determination is particularly effective for disputes requiring specialist technical assessment or professional judgment on matters within the scope of the expert's knowledge.
Disputes concerning the valuation of work, variations, additional costs, and the application of contractual valuation methodologies.
Disputes requiring specialist technical knowledge, including defective work, construction methodologies, and compliance with design specifications.
Disputes concerning contractual entitlements, extensions of time, variations, and the application of contract terms to particular circumstances.
Disputes arising from the certification, approval or administration of work, including disputes concerning the powers and decisions of contract administrators.
Expert determination of rent reviews, property valuations, and other disputes requiring independent valuation expertise.
Process
Our approach to expert determination is efficient and proportionate to the nature and value of the dispute. We work with the parties to establish a procedural framework that allows for the fair consideration of the issues without unnecessary delay or cost. The process typically involves written submissions and evidence from the parties, followed by a determination based on the information provided.
We draw on our technical expertise and experience in construction disputes to analyse the issues, assess the evidence, and reach a determination that is technically informed and properly reasoned. Our determination is detailed and addresses the issues raised by the parties, providing the parties with clear understanding of the expert's reasoning and conclusions.
Credentials
Our principal is an accredited expert determiner and 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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