Expert Determination Services

Faster, Cost-Effective Dispute Resolution

When construction disputes arise, you need swift, authoritative decisions that bring certainty and closure. Expert determination provides a binding alternative to costly, time-consuming court proceedings, delivering final determinations typically within weeks rather than months or years.

What is Expert Determination?

Expert determination is a binding form of alternative dispute resolution where an independent construction expert is appointed to resolve technical or financial disputes arising from building contracts.

Unlike mediation or conciliation, the expert determination process results in a legally binding decision that both parties must accept.

This process is commonly triggered under standard building contract dispute resolution clauses, particularly Clause 22 of residential building contracts, which provides a structured pathway for dispute resolution:

  1. Written Notice of Dispute – Either party notifies the other of the dispute
  2. Conciliation Meeting – Parties meet within 14 days to attempt resolution
  3. Expert Determination – If unresolved, the matter is referred to a mutually agreed expert or to the Office of Fair Trading for appointment

Why Choose Expert Determination?

  • Speed and Efficiency

    • Typical timeframe: 4–8 weeks from appointment to determination
    • No waiting for court dates or lengthy trial preparations
    • Decisions delivered when you need them, not when court calendars allow

  • Cost Effectiveness

    • Significantly lower costs than NCAT or District Court proceedings
    • Single expert fee shared between parties (or allocated as determined)
    • No extensive legal representation required
    • Minimal procedural overhead

  • Binding and Final

    • Determinations are legally enforceable and binding on both parties
    • Limited grounds for appeal or challenge
    • Provides certainty and allows parties to move forward
    • Avoids the uncertainty of prolonged litigation

  • Technical Expertise

    • Disputes determined by qualified building professionals with deep industry knowledge
    • Expert understanding of Australian Standards, Building Code compliance, and construction methodologies
    • Practical, industry-informed decision-making rather than purely legal interpretation

Disputes Suitable for Expert Determination

Expert determination is particularly effective for resolving:

Contract Disputes

  • Payment claims and progress payment disputes
  • Variation claims and contract sum disagreements
  • Set-off entitlements and retention disputes
  • Contract interpretation questions

Technical Matters

  • Defect identification and scope of rectification works
  • Compliance with Building Code of Australia (BCA/NCC)
  • Australian Standards compliance assessments (AS2870, AS3700, AS3740)
  • Cost of rectification disputes

Quality and Workmanship Issues

  • Whether work meets contract specifications
  • Waterproofing membrane failures and wet area defects
  • Structural compliance matters
  • Building systems and finishes disputes

Financial Assessments

  • Reasonable cost of rectification works
  • Valuation of completed works
  • Assessment of damages or compensation
  • Cost estimation disputes

Mario Bournelis: Qualified Expert Determiner

Extensive Tribunal-Accepted Experience

Mario Bournelis brings over 15 years of tribunal and court-accepted expertise to expert determination services.

As both a licensed builder and licensed building supervisor, Mario combines practical construction knowledge with authoritative technical assessment capabilities.

Proven Track Record

  • Expert witness in 100+ NCAT, District Court, and Appeal Panel proceedings (2014–2025)
  • Extensive experience in expert conclaves and joint expert reports
  • Regular participation in Scott Schedule preparation and concurrent evidence
  • Court-recognised expertise in cost estimation using Rawlinson’s Construction Cost Guide

Technical Specialisations

  • Waterproofing and wet areas – AS3740 compliance, membrane failure analysis
  • Structural compliance – AS2870 (Residential Slabs and Footings), AS3700 (Masonry Structures)
  • Building Code compliance – BCA/NCC assessment and certification
  • Moisture testing and diagnostics – Water penetration investigations
  • Brick growth and expansion joints – Movement joint analysis
  • Cost of rectification – Industry-standard cost estimation

Professional Credentials

  • Member, Australian Society of Building Consultants (ASBC)
  • Professional Indemnity Insurance
  • NCAT Expert Witness Code of Conduct compliance
  • 25+ years building and construction industry experience

The Expert Determination Process

1. Appointment

Both parties agree to appoint Mario Bournelis as expert determiner, or appointment may be facilitated through the Office of Fair Trading under standard contract dispute resolution procedures.

2. Terms of Reference

The scope of the determination is clearly defined, including:

  • Specific questions or issues to be determined
  • Documents and evidence to be provided
  • Timeline for submissions
  • Cost allocation principles

3. Document Review

Both parties submit:

  • Relevant contract documentation
  • Supporting evidence (photos, reports, invoices)
  • Written submissions outlining their position
  • Any supporting expert opinions

4. Site Inspection (if required)

Mario conducts comprehensive site inspections when physical assessment is necessary, including:

  • Photographic documentation
  • Moisture testing and diagnostics
  • Structural and compliance assessments
  • Defect identification and analysis

5. Technical Assessment

Application of:

  • Australian Standards (AS2870, AS3700, AS3740, AS/NZS 2589, AS/NZS 3500)
  • Building Code of Australia (BCA/NCC) requirements
  • Industry best practices and methodologies
  • Rawlinson’s Construction Cost Guide for cost estimates

6. Determination Issued

A detailed written determination provided within the agreed timeframe, including:

  • Findings on each issue in dispute
  • Technical reasoning and supporting analysis
  • Final binding decision on the matter
  • Cost allocation (if within scope)

Benefits vs NCAT and Court Proceedings

Aspect Expert Determination NCAT / Court
Timeframe 4–8 weeks typically 6–18+ months
Cost $5,000–$15,000 shared $20,000–$100,000+ per party
Formality Streamlined process Formal court procedures
Representation Optional Often requires legal counsel
Finality Binding determination Subject to appeals
Decision Maker Industry expert Tribunal member or judge
Technical Focus High – expert understands construction Variable – may require extensive expert evidence

When Expert Determination May Not Be Suitable

While expert determination offers significant advantages, it may not be appropriate for:

  • Disputes involving fraud or bad faith allegations
  • Matters requiring subpoena powers or discovery
  • Cases where precedent-setting legal interpretation is required
  • Disputes where one party refuses to participate in good faith
  • Matters involving multiple parties with conflicting interests

In these cases, formal tribunal or court proceedings may be more appropriate.

National Service Delivery

City Wide Building Consultants provides expert determination services across Australia:

Sydney | Melbourne | Brisbane | Canberra | Adelaide | Hobart | Perth

We understand the regional variations in building practices and standards while maintaining consistent application of national codes and Australian Standards.

Engagement Process

Step 1: Initial Consultation

Contact us to discuss your dispute and whether expert determination is suitable for your circumstances.

Step 2: Terms of Reference

We work with both parties to establish clear terms of reference, timelines, and procedural protocols.

Step 3: Formal Appointment

Appointment is formalised with both parties, establishing the expert’s authority and scope.

Step 4: Evidence Gathering

Structured submission process ensuring both parties have equal opportunity to present their case.

Step 5: Assessment and Determination

Comprehensive technical assessment followed by delivery of binding written determination.

Step 6: Implementation

Parties implement the determination, with the decision enforceable as a binding contractual obligation.

Why City Wide Building Consultants?

  • Tribunal-Proven Expertise

    Our determinations are informed by extensive experience providing expert evidence accepted by NCAT, District Courts, and Appeal Panels since 2014.

  • Technical Authority

    Deep specialisation across waterproofing, structural compliance, Building Code assessment, and cost estimation ensures determinations are technically sound and defensible.

  • Independence and Impartiality

    We maintain strict independence, providing objective assessments based on evidence, Australian Standards, and industry best practices.

  • Clear Communication

    Technical matters are explained clearly in plain language while maintaining rigorous analytical standards.

  • National Coverage

    Services delivered across all major Australian cities, understanding regional building practices while applying national standards consistently.

Frequently Asked Questions

Yes. Expert determinations are contractually binding on both parties and can be enforced in court if necessary.

Grounds for challenge are very limited, typically only for jurisdictional error, manifest error, or procedural unfairness. The determination is intended to be final.

Typically 4–8 weeks from appointment to delivery of determination, depending on complexity and availability of information.

Legal representation is not required but some parties choose to have legal assistance in preparing submissions

If your contract includes an expert determination clause (such as Clause 22), both parties are contractually bound to participate. The Office of Fair Trading can facilitate appointment if parties cannot agree on an expert.

Cost allocation can be addressed in the terms of reference or determined by the expert as part of their determination.

Investment

Expert determination fees are typically calculated based on:

  • Complexity of the dispute
  • Number of issues to be determined
  • Site inspection requirements
  • Document review volume
  • Technical testing or analysis required

Typical range: $5,000 – $15,000 (shared between parties unless otherwise allocated)

This represents a fraction of the cost of tribunal or court proceedings while delivering faster, equally authoritative outcomes.

Get Expert Resolution for Your Building Dispute

Don’t let construction disputes drain your resources through prolonged litigation. Expert determination provides fast, cost-effective, binding resolution delivered by Australia’s most experienced building expert witness.

  • Citywide Building Consultants

    10 Plymouth Street, Enfield  NSW 2136

  • Telephone

    0412 675 270

  • Email

    info@citywidebuilding.com.au

  • Urgent Matters

    We prioritise urgent instructions where tribunal or court deadlines require expedited reports

Contract Dispute Resolution

Clause 22 Explained

Most residential building contracts in NSW include a dispute resolution clause (typically Clause 22) which establishes a stepped process:

Clause 22.1 – Notice of Dispute

Either party who believes a dispute has arisen must promptly give written notice to the other party setting out the matter in dispute.

Clause 22.2 – Conciliation Meeting

Both parties must meet within 14 days of notice being given to attempt to resolve the dispute through good faith negotiations.

Clause 22.3 – Third Party Resolution

If the dispute cannot be resolved at the conciliation meeting, the matter is referred to:

  • A mutually agreed third party expert, or
  • Failing agreement, to the Office of Fair Trading for assistance in resolution

This structured approach ensures disputes are escalated appropriately and provides clear pathways for expert determination when direct negotiation fails.

Related Services

Expert Witness Services

Building Inspections

Compliance & Certification

Project Management