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Benefits Of Expert Determination In Florida Construction Law


The Florida construction industry can be challenging for all affected parties, but dispute resolution is one of the costliest issues that affect projects. According to the National Academy of Construction (NAC), stakeholders lose between $4 to $12 billion annually to conflicts and claims. Besides the fact that they can involve multiple parties, the subject matter is complex and highly technical.

As a result, more companies resort to expert determination for resolving disputes. In short, the parties jointly appoint a construction expert who reviews the facts and makes a determination on the disagreement. It is possible to include a requirement for expert determination on disputes in the construction contract, and the parties can also work out a supplemental agreement.

Construction companies still have options for alternative dispute resolution, but expert determination offers advantages that other proceedings cannot always deliver. A Florida construction lawyer can explain more about the process, but some of the benefits include:

Faster Time to Resolution: Hiring a construction expert to resolve disputes is much quicker than the traditional route of a lawsuit based upon breach of contract or violation of construction laws. The litigation process can take months or even years as the parties file pleadings, engage in motion practice, and go through discovery. Even out-of-court options like mediation or arbitration can take several days or weeks. With an expert determination, the individual reviews all documents and renders a decision – often in a matter of hours.

 Lower Costs: Because the process itself is faster, the legal costs involved with expert determinations are also reduced. You will not pay filing fees for court or incur expenses for discovery and depositions, which can be sky-high for construction disputes. Plus, you will not be paying an attorney to prepare for and attend trial.

 Expert Investigations: When conducting an expert determination, the expert is not limited to the information and materials forwarded by the parties. He or she can probe additional issues that might affect the dispute, applying specialized knowledge outside the scope of the parties’ submissions. The expert can save time and money by navigating these technical matters without the need for additional resources.

Protect Relationships: Customer, vendor, and business relationships are valuable, and they can suffer significant damage when a construction dispute goes to court. With an expert determination, the process is less adversarial. The parties can preserve important relationships and get back on track with the existing project.

 Confidentiality: An expert determination is a private proceeding, unlike litigation that is a matter of public record. You protect your confidential business interests by resolving disagreements via this route, which also preserves your company reputation.

 Learn More by Consulting with a Florida Construction Law Attorney

The benefits of expert determination are considerable, but it is still wise to get advice from a skilled construction lawyer. The process may not be the right fit for every dispute. For additional details, please contact Linkhorst Law Firm, P.A. You can set up a consultation at our offices in Jupiter, FL by calling 561-626-8880 or visiting us online.


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