Expert Determination

Harrison Clarke specialises in Expert Determination for commercial property and construction disputes.

Disagreements over commercial property, construction projects and contractual obligations can be complex, time-consuming and costly if left unresolved. Expert Determination provides an efficient alternative to litigation, allowing an independent expert to make a reasoned decision on technical matters without the need for lengthy court proceedings.

At Harrison Clarke, our experienced Chartered Surveyors act as independent Expert Determinators, providing impartial decisions on a wide range of commercial property and construction disputes. Whether appointed jointly by the parties or under the terms of a contract, we deliver clear, evidence-based determinations to help resolve disputes fairly and efficiently.

What is Expert Determination?

Expert Determination is a form of Alternative Dispute Resolution (ADR) where an independent expert is appointed to decide the outcome of a technical dispute.

Unlike mediation, where the parties work towards a negotiated agreement, an Expert Determinator independently reviews the evidence before making a professional decision based on their specialist knowledge and experience. Where provided for within a contract or lease, the outcome of Expert Determination is often final and binding on both parties.

Expert Determination is commonly used for disputes involving commercial property, construction and other technical surveying matters, offering a faster and more cost-effective alternative to litigation.

Could our Expert Determination services help resolve your dispute?

Key features you should know about the Expert Determination role:

Independent and Impartial Decisions:

Whether appointed jointly by both parties or in accordance with a contractual agreement, we act independently at all times. Our role is to review the evidence objectively and reach a fair, reasoned decision based solely on the facts and our professional expertise.

A quicker and more cost-effective alternative to litigation:

Expert Determination is designed to resolve technical disputes efficiently without the time, cost and uncertainty often associated with court proceedings. By appointing an experienced Chartered Surveyor, disputes can often be concluded far more quickly than through traditional litigation.

Technical Expertise You Can Rely On:

Our Chartered Surveyors have extensive experience across commercial property, construction and building consultancy. We only accept appointments that within our areas of expertise, ensuring every Expert Determination is supported by specialist technical knowledge and delivered to the highest professional standards.

Clear and Reasoned Determinations:

Every Expert Determination is supported by a detailed review of the evidence submitted by each party. We provide a clear, well-reasoned determination that explains how our decision has been reached, giving all parties confidence in the outcome.

Confidential Dispute Resolution:

Unlike court proceedings, Expert Determination is a private process. This helps protect commercial relationships, maintains confidentiality and allows disputes to be resolved without unnecessary publicity.

Sometimes things can go wrong with construction projects and property deals. If you are suffering from construction problems or are engaged in disputes relating to property ownership or dilapidations, we can help you to document a claim in the capacity of an independent Expert. We can either prepare reports acting on direct client instructions, or working alongside your solicitor.

Whether we are preparing a fully CPR 35 compliant report, or implementing a staged reporting strategy to limit costs, we will interrogate the issues involved intelligently and from a technically and legally knowledgeable standpoint, helping to narrow areas in dispute before they reach court. This can help to reach a swift conclusion in an economical manner, usually allowing disputes to be settled out of court, reducing cost and stress to both parties.

Our expert surveyors fully understand the duties of an Expert Witness and are able to act impartially and in line with the Civil Procedure Rules. We will only take on this role if it falls within our areas of expertise, but can work with you to find an alternative expert if your dispute is outside of our expertise, such as for rent review disputes.