Services · Expert determination

Expert Determination

We act as expert determiner on technical, valuation and quantum questions arising under construction and commercial contracts.

Fig. — Referral · Submissions · DeterminationIllustrative · critical path in orange
How it works

How it works

  1. 01ReferralAppointment under the contract’s dispute clause or by agreement, with a short timetable fitted to the clause.
  2. 02SubmissionsWritten submissions and evidence from the parties, with inspections and conferences where they help.
  3. 03DeterminationA written determination, with reasons where required.

The steps are illustrative; the contract, the rules and the tribunal govern each matter.

01

What we do

  • Appointment under the contract’s dispute clause or by agreement
  • A short timetable fitted to the clause
  • Inspections and conferences where they help
  • A written determination, with reasons where required
02

Why IDRS

Neutral

Independent of every party, with a conflict check before any appointment is accepted.

Quantity surveying and law

Chartered quantity surveyor (FRICS) and chartered construction manager (FCIOB), with an LL.M in international commercial law.

Fast and contained

We keep the process to what the clause requires.

03

How to engage

Parties can nominate us jointly or name us in their contract. Send the details through the enquiry page.

04

Efficient Resolution Through Independent Expertise

Expert determination resolves a dispute through an independent expert in the subject matter of the dispute. It has the benefit of being a confidential process, and can be an efficient and cost-effective way to resolve a dispute of a technical nature.

05

A Flexible Approach to Technical Disputes

Expert determination is a popular choice for settling disputes in the construction industry, and may also arise through a contract’s dispute resolution clause where the parties have chosen an independent expert to settle issues arising on a project. This form of alternative dispute resolution is particularly suited to variation disputes and technical issues that a technical expert can decide, rather than detailed legal questions. It can also be used for matters such as rent reviews, insurance or boundary disputes. Because it is private and arises under rules the parties adopt, it can offer informality and flexibility to suit many different dispute circumstances.

06

Expert Determination Process

Our consultants can be appointed as independent expert determiners to decide technical and valuation disputes efficiently.

Where the parties’ contract provides that the determination is final and binding, it is enforceable as a matter of contract and can be challenged only on limited grounds.

07

Resolution Experience

We have experience of resolving issues in the construction industry and closely understand the complex, technical issues that can arise in disputes under a construction contract, including valuation, project management, defective work and delay. That knowledge and experience can greatly benefit parties who choose expert determination as an efficient way to settle a dispute.

01Technical Valuation
Expert determination of variation valuations, contract interpretation issues and technical compliance matters. Our expertise covers construction contracts, engineering standards and the administration of contractual mechanisms.
02Project Management Issues
Expert determination of disputes over delay, extensions of time, programme sequencing and project management methodology. We understand construction scheduling and the practical implications of project changes.
03Defective Work Analysis
Determination of construction defects, non-compliance with specifications, design failures and remediation costs. Our investigations establish clear findings on technical matters.
04Efficiency & Speed
Expert determination resolves disputes faster and at lower cost than litigation or formal arbitration. Our processes are flexible and can be tailored to particular timeframes and levels of complexity.
08

Service Availability Across Australia & Internationally

Expert determination is available throughout Australia, where we help resolve issues referred to the process promptly, cost-effectively and independently, so that businesses can return quickly to their core activities with disputes resolved under the rules the parties adopted.

Appointment & Administration

We accept appointment by direct agreement of the parties or under dispute resolution clauses in contracts. Our administration of expert determinations ensures procedural fairness while keeping the process efficient and confidential throughout.

International Flexibility

Our experience covers domestic and international disputes. We are familiar with expert determination under various legal frameworks and contract types, and can adapt to particular contractual and jurisdictional requirements.

Confidentiality & Privacy

Expert determination remains private throughout. Determinations are private; their confidentiality depends on the contract and any applicable rules. This protects commercial sensitivities and sensitive project information.

09

Expert Determination

Expert determination of commercial, construction and infrastructure disputes: binding and non-binding determinations informed by specialist technical expertise.

10

Specialist Technical Determination

We provide expert determination for commercial, construction and infrastructure disputes. Our expert determiner brings to each appointment the specialist technical knowledge needed to resolve disputes that turn on questions of quantity, quality, cost, programme or technical compliance.

Expert determination is well suited to disputes whose issues are mainly technical or financial, where the parties want a resolution faster and more cost-effective than arbitration or litigation. The expert determiner investigates the matters in dispute, applies the relevant expertise, and delivers a determination that binds the parties in accordance with the terms of the expert determination agreement.

We accept appointment by agreement of the parties and by nomination from appointing bodies. Our expert determination services are available across Australia and internationally.

11

Disputes Suited to Expert Determination

Expert determination is particularly effective for disputes involving technical or financial questions that call for specialist expertise.

01Valuation & Quantum Disputes
Disputes over the valuation of work, the assessment of claims and the quantification of damages, where the parties want a determination by an expert with relevant technical qualifications.
02Technical & Quality Disputes
Disputes over compliance with specifications, standards and contractual quality requirements, defective work and the scope of rectification.
03Contract Administration
Disputes arising from the administration of contracts, including the assessment of variations, extensions of time and practical completion.
04Commercial & Partnership Disputes
Commercial disputes where the contract makes expert determination the agreed mechanism for resolving specified categories of dispute.
05Rent Review & Lease Disputes
Disputes arising from rent review mechanisms and lease provisions where market value or another technical question must be determined.
12

Our Approach

We conduct expert determinations in accordance with the expert determination agreement and any applicable procedural rules. The process is designed to be efficient and proportionate, with emphasis on identifying the key issues, receiving the parties’ submissions and evidence, and delivering a well-reasoned determination within the agreed timeframes.

Where appropriate, we inspect the site, ask the parties for further information, and hold discussions to clarify the matters in dispute. Our determinations set out the reasoning applied and the conclusions reached in enough detail for the parties to understand the basis of the determination.

14

Expert Determiner

Independent expert determination of construction and engineering disputes: private, binding resolution available across Australia and internationally.

15

Independent, Binding Determination

We provide expert determination 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 of the issues in dispute. It is particularly suited to disputes that turn on technical matters or specialist knowledge.

The expert determiner must act fairly and impartially, give the parties 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 needed to assess the issues and reach a reasoned determination that reflects the underlying merits.

We accept appointment as expert determiner by agreement of the parties and by nomination from appointing bodies. Our determination services are available across Australia and internationally.

16

Disputes Suited to Expert Determination

Expert determination is particularly effective for disputes that need specialist technical assessment or professional judgment on matters within the expert’s field of knowledge.

01Valuation Disputes
Disputes over the valuation of work, variations, additional costs, and the application of contractual valuation methods.
02Technical Disputes
Disputes needing specialist technical knowledge, including defective work, construction methods and compliance with design specifications.
03Contractual Rights
Disputes over contractual rights, extensions of time, variations, and how contract terms apply to particular circumstances.
04Certification & Administration Disputes
Disputes arising from the certification, approval or administration of work, including disputes about the powers and decisions of contract administrators.
05Rent Reviews & Valuation
Expert determination of rent reviews, property valuations and other disputes that need independent valuation expertise.
17

Our Approach

Our approach to expert determination is efficient and proportionate to the nature and value of the dispute. We work with the parties to set a procedural framework that allows the issues to be considered fairly 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 of 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 the parties raise, giving them a clear understanding of the expert’s reasoning and conclusions.

Discuss a matter

Talk to us about how our expertise can support your case or project.