Recommended Clauses for Expert Determination

If a dispute has already arisen and there is no agreement between the parties to refer the dispute to Expert Determination, the parties may enter into an agreement for those purposes and the following clause is recommended. The words in square brackets should be deleted/completed as appropriate.

“[Name of first party] and [Name of second party and Ors] hereinafter referred to as the parties are parties to a contract entered into on or about [enter date].

The parties have agreed that [all matters in dispute between them/the matters in dispute between them set out in the Schedule attached hereto] shall be referred to Expert Determination by [Name of Expert] in accordance with the Agreement for Expert Determination and Rules for Determination of Disputed Matters by Expert of the Building Disputes Tribunal (BDT) which procedures and rules are deemed to be incorporated by reference herein.

[if the parties are unable to agree upon the identity of an Expert  within [five (5)/ten (10)] working days from the date of this agreement, then the Expert shall be appointed by  BDT upon the application of any party.]”

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