Expert Determination

Expert determination is a private, contract-based method where parties appoint a neutral expert with specialised knowledge to decide a dispute, typically of a technical or valuation-related nature. The expert applies professional expertise to assess the matter and render a determination, which is often final and binding.

Particularly suited to disputes involving complex technical issues in construction, engineering, quantity surveying, programming and delay analysis, defects assessment, valuation, and contract interpretation.

CACAP serves as an appointing body for expert determiners. The Centre maintains a panel of experts in structural engineering, civil engineering, mechanical and electrical engineering, quantity surveying, project management, programming and delay analysis, defects assessment, and construction law.

Key Features

• Panel of expert determiners with specialised technical knowledge
• Independent and impartial appointment process with rigorous conflict checking
• Determinations typically binding and final
• Confidential proceedings
• Efficient appointment process

Process

CACAP's appointment process for expert determination commences when parties submit a request for the appointment of an expert determiner to the Centre. The request should include details of the dispute, the technical issues requiring expert assessment, required expertise and qualifications, and disclosure of any potential conflicts of interest.

The Centre reviews its panel to identify candidates with appropriate technical expertise and experience in the relevant discipline. Conflict checks are conducted to ensure independence and impartiality. The Centre proposes suitable candidates to the parties for their consideration and agreement, or directly appoints the expert determiner where authorised.

Upon appointment, the Centre issues formal confirmation, and the expert determiner assumes responsibility for assessing the matter. The expert works with both parties to understand the technical issues and gathers necessary evidence and submissions.

The expert determiner applies professional expertise and judgment to assess the matter and render a determination. All procedural matters are managed directly between the parties and the expert determiner. The determination is typically final and binding on the parties, unless the parties have agreed otherwise.

The Centre does not administer the expert determination process or participate in the substance of the determination. The Centre's involvement concludes upon appointment, unless further appointment functions are required.