Independent expert determination is a procedure whereby the parties to a dispute agree to be bound by the decision of a third party that has expert knowledge of the subject matter in dispute.

An independent expert’s role is one of investigation. They will often receive and may take into account evidence and arguments from the parties to a dispute, but cannot be bound by them. They will come to a decision based on a combination of evidence, inquiries and their own knowledge and expertise.

The independent expert’s decision, known as a ‘determination’, is final and binding. There is no right of appeal; however, the expert would be liable in damages for any loss sustained by a party through their negligence.

Benefits

A chartered surveyor acting as an independent expert will have in-depth knowledge of the subject matter of the dispute and is free to make their own investigations. As a consequence, the dispute can be determined quickly and ‘expertly’, once and for all.

Disputes involving value of quality of work and/or materials particularly lend themselves to independent expert determination.

How are Independent Experts Appointed?

Application is made to the RICS DRS for the appointment of a suitably qualified expert. The RICS DRS requires the parties to complete its Expert Determination Agreement before the process commences.

The RICS DRS selects an individual from its panel of experts whose experience matches the matter to be determined. The expert then deals with the parties to the dispute directly.

How much does an Independent Expert Cost?

The RICS DRS fee structure for independent expert determination as follows:

• Independent Expert – $325.00 per hour excluding GST
• Disbursements – Charged at cost
• A the discretion of the expert, in some instances, estimated fees may be required to be paid in advance.

Independent Expert Training, Agreement and Guidance Notes

The RICS DRS offer specialised training for those who wish to undertake expert determinations. Please visit our training information area or contact us directly for more information.

If you wish to apply to become part of our Expert Determination panel, please feel free to read the RICS DRS Expert Determination Agreement and Guidance Notes.