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Expert
Determination
Certain issues, particularly those pertaining to relatively minor
issues of quality, performance or other technical matters, may be
quickly and efficiently resolved by referring the matters to people
who are experts in the field in question.
An expert will consider the submissions of the parties and use
their own knowledge and experience in reaching their conclusion.
Clauses providing for disputes to be referred to an expert often
provide that the expert's decision will be final and binding on the
parties.
Whilst this provides certainty in resolving disputes and avoids
potentially expensive and time consuming appeals / higher level
procedures, it does leave the parties exposed to errors of any form
by the expert that cannot then be overturned except by separate
agreement between the parties. Consequently, it is unusual for
expert determination procedures to be adopted on technical matters
where there are large sums or reputations at stake.
The Institution of Chemical Engineers suite of contracts are
perhaps the most commonly used standard forms of construction
contracts that provide for matters to be resolved by an expert.
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