Default Procedure for Expert Determination

Unless the parties and the Expert agree otherwise, or unless the Expert directs otherwise, the procedure for the Expert Determination in Appendix 2 to the Agreement shall apply.

1.0 The parties shall within five (5) working days of the execution of this Agreement, identify and clarify the issues in dispute by preparation of a joint statement of issues, or otherwise;

2.0 The Applicant shall within ten (10) working days of the execution of this Agreement, serve on the Respondent and the Expert in hard copy by courier, a copy of its submissions in relation to the disputed matters together with all supporting documents and evidentiary material relied upon.

The Applicant’s submissions shall include:

  • A statement in writing detailing the nature and basis of the dispute, the legal and factual issues involved, the Applicant’s contentions in relation to those issues and the quantum of its claim;
  • The relief or remedy that is sought;
  • A copy of the contract or relevant sections thereof, or in a case where the contract is oral, or partly oral, a statutory declaration as to the terms of the contract;
  • Any expert report or statements relied upon;
  • All supporting documents and other evidential material relied upon;
  • The Applicant’s written submissions on the legal and factual issues in relation to its claim.

3.0 The Respondent shall within five (5) working days after receiving the Applicant’s submissions on the disputed matters, serve on the Applicant and the Expert in hard copy by courier, a written response to the Applicant’s submissions.

4.0 The Respondent’s written response to the Applicant’s submissions on the disputed matters shall include:

  • A statement in writing in reply detailing whether or not it agrees with the Applicant’s statement made pursuant to 2(a) above, and if not, its reply as to the nature and basis of the dispute and its contentions in relation to the factual and legal issues and the quantum of the matters at issue;
  • Where the terms of the contract are disputed: a copy of the contract held by the respondent or relevant sections thereof, or in a case where the contract is oral, or partly oral, a statutory declaration as to the terms of the contract;
  • Any expert reports or statements relied upon;
  • All supporting documents and other evidential material relied upon;
  • Its written submissions in reply on the legal and factual issues involved.

5.0 The Expert may request any party to provide further submissions or evidential material which shall be provided to the Expert and the other party within three (3) working days of receipt of any such request and in the manner requested by the Expert.

6.0 The other party may file a submission in response with the Expert and the other party within a further three (3) working days.

7.0 The Expert will then make a Determination of the disputed matters as soon as practicable after receiving the parties’ submissions and evidential material.

An Authorised Nominating Authority
under section 65 of the Construction Contracts Act 2002