Expert Determination & Expert Witness

Expert Determination

A procedure where an independent third party considers the merits of each party’s case in a dispute, and generally issues a final and binding decision. The third party is usually an expert in the subject matter of the dispute and is chosen by the parties. The decision of the expert does not have to be accompanied by reasons unless the contract says so. Similarly, expert determination does not require the “due process” rule of natural justice, unless the parties expressly or impliedly agree that it should.

The opportunity to use Expert Determination can be provided via the parties’ contract, or by a subsequent collateral agreement between the parties.

The Rules adopted for the Determination give the framework and required timetable for the process. Many trade and professional bodies publish Expert Determination Rules.

Expert Determination is a popular means of dispute resolution because it is informal, contract-based, quick, inexpensive and confidential. It is used for a wide range of commercial applications which include valuations, rent reviews, construction projects, corporate acquisitions, breach of warranty claims, IT contracts and transfers of pension rights.

Should you wish to appoint an Expert Determiner for construction disputes concerning entitlement to payment and/or time, Nigel Grout is an experienced and impartial professional, and accredited by the Academy of Experts to conduct expert determinations.

Expert Witness

An Expert Witness is an Expert who is engaged for their experience and expertise in a particular field or discipline to provide an Evidential Report covering matters in dispute, and on which the Expert will be examined in any relevant hearings. The Expert should give an informed, objective and impartial opinion based on the facts presented. The first duty of an Expert is to the court, arbitrator or tribunal and not to the party who appoints them.

For civil engineering construction projects where you are looking to engage the services of an expert in Quantity Surveying, Nigel Grout has over 35 years experience as a Quantity Surveyor. He can provide expert opinion on such matters as quantum, measurement principles, bills of quantity, payment provisions, contract interpretation, interim/final accounts, contractual claims, extensions of time, delay and disruption, variations and valuation of additional/varied work. He has particular expertise in highways, structures, water, rail and infrastructure projects, and is a listed Expert with the Dubai International Arbitration Centre.

Nigel Grout can accept appointments as a Quantum Expert throughout the UK and worldwide.

Nigel Grout FCIHT, FCIArb, DipICArb Tel: +44 (0) 7966 165797 © Digital Paint 2007


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