Expert Determinations
Independent, experienced expert determinations resolving complex construction disputes efficiently, fairly and with technical authority since 1992.
Recent Expert Determinations (2018–2023)
Reservoir Rectification Dispute
Dispute between a public authority and a works contractor regarding whether demolition and reconstruction of a portion of the works was the required rectification solution following the discovery of extensive defects in a reservoir.
Latent Conditions — Road Widening Project
Dispute between a public authority and a civil works contractor regarding adequate and timely notification of, and the cost claimed for, dealing with a latent condition on a road widening project.
Wind Farm Construction — Site Variations and Delay
Dispute between a developer and contractor regarding the valuation of site variations and the cost of delays on a wind farm construction project.
Water Main Relocation — Road Completion Delay
Dispute between a road authority and contractor regarding the impact of delays to the completion of a water main relocation, whether those delays were on the critical path for staged completion of the roadworks contract, and whether associated delay costs were payable to the contractor.
Multi-Storey Residential — Windows and Glazed Balustrades
Dispute between a builder/developer and aluminium windows and glazed balustrades subcontractor on a multi-storey residential apartment building, regarding adherence to programme and scheduled progress, variations, and backcharges.
Multi-Storey Residential — Painting Subcontract
Dispute between a builder/developer and a painting subcontractor on a multi-storey residential apartment building, regarding the rate of progress and rectification of alleged defective work.
Training & Education in Expert Determination
Barry has co-delivered expert determination training courses with Robert Hunt (Barrister) for peak industry bodies:
- IAMA — 2011, 2012, 2014
- Resolution Institute — 2015, 2016
Published Papers
- 'Settling disputes of an intermediate kind by expert determination' (2008) BCLJ 24: 238–254.
- 'Relationship between Expert Determination and Arbitration' — IAMA National Conference, Adelaide, 2007.
Court References & DAB Decisions
The list of recent Expert Determinations above does not include Referee's Reports to the Supreme Court or decisions made as a Dispute Board member.
Turn to Tozer & Associates Today
If your construction project requires independent, technically sound expert determination, Tozer & Associates delivers decades of proven experience across a broad range of dispute types. Contact Barry A Tozer today to arrange an appointment or request a written fee proposal.