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Practice paper

Independent expert determination in dilapidations cases

Allan M. Robertson
Journal of Building Survey, Appraisal & Valuation, 9 (4), 345-362 (2021)
https://doi.org/10.69554/AOYW2324

Abstract

Parties are increasingly looking beyond traditional litigation to resolve their disputes and the world of dilapidations is no different. Independent expert determination (IED) is a method of alternative dispute resolution. It has gained a certain amount of traction in dealing with dilapidations claims. This paper will examine the process of IED from a dilapidations perspective, explore the advantages and disadvantages of IED, compare it with other forms of dispute resolution, look at the processes involved and highlight some of the pitfalls for the unwary.

Keywords: independent; expert; determination; dilapidations; landlord; tenant

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Author's Biography

Allan M. Robertson is a chartered building surveyor, a Fellow of the RICS, an RICS Accredited Expert Witness and a Fellow of the CIArb. Allan has an interest in dilapidations and building defect analysis. He also has an interest in dispute resolution work, and is an experienced dispute resolver, providing expert (skilled) witness, independent expert determiner or arbitrator services. Allan is based in Scotland and this is where the bulk of his dispute resolution work is undertaken. Allan was co-author of the Dilapidations in Scotland RICS Guidance Note, 1st and 2nd Editions, and the RICS Scotland Professional Statement and Guidance Note Surveyors acting as expert witnesses in Scotland, 1st Edition. Allan has presented on his areas of interest at various conferences over the years.

Citation

Robertson, Allan M. (2021, March 1). Independent expert determination in dilapidations cases. In the Journal of Building Survey, Appraisal & Valuation, Volume 9, Issue 4. https://doi.org/10.69554/AOYW2324.

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cover image, Journal of Building Survey, Appraisal & Valuation
Journal of Building Survey, Appraisal & Valuation
Volume 9 / Issue 4
© Henry Stewart
Publications LLP

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