Earlier this month the team at Make Consulting welcomed Paul Maddern from Concentrar Ltd to deliver an informative CPD session focused on the latest RICS guidance surrounding dispute resolution in the construction industry.
The session explored how new RICS guidance is now influencing dispute resolution approaches within JCT contracts, particularly through the introduction of a mechanism known as Expert Determination. Paul provided a clear and practical overview of how the process works and what it means for construction professionals involved in contract administration, cost management and project delivery.
Expert determination is a confidential contractual form of Alternative Dispute Resolution where an independent technical specialist is appointed to resolve a dispute. It is commonly used for technical or valuation related matters and allows issues to be resolved without the need for litigation or arbitration. In most cases the process is faster, more cost effective and less adversarial than formal legal proceedings.
Under expert determination the appointed specialist reviews written submissions from both parties before issuing a binding decision based on their technical expertise. The process is typically flexible and largely paper based, removing the need for formal hearings while still providing a clear contractual outcome.
Expert determination can be particularly effective for disputes relating to matters such as valuation, measurement or the quality of completed works. If the parties involved cannot agree on the appointment of an expert, organisations such as the Royal Institution of Chartered Surveyors can assist with appointing a suitable specialist.
Unlike statutory adjudication under the Construction Act, expert determination is not mandatory. It is a voluntary contractual mechanism that must be included within the terms of the contract. While it does not currently appear in every standard form of JCT contract, it can be incorporated to provide an additional route for resolving specific technical disputes efficiently.
Sessions such as this form an important part of Make Consulting’s ongoing commitment to professional development and staying up to date with changes that affect the construction sector. Understanding evolving dispute resolution mechanisms helps ensure projects can be delivered with greater clarity, efficiency and reduced risk for all parties involved.
Make Consulting would like to thank Paul Maddern for taking the time to share his expertise and insights with the team.