Common use of Expert Determination Clause in Contracts

Expert Determination. Unless otherwise agreed between the parties, to the extent the dispute or difference is in relation to a direction of the Contract Administrator under one of the clauses specified in the Contract Particulars and is not resolved within 14 days after a notice is given under clause 15.1, the dispute or difference must be submitted to expert determination. The Expert The expert determination under clause 15.2 is to be conducted by: the independent industry expert specified in the Contract Particulars; or where no such independent industry expert is specified or paragraph (b) applies, an independent industry expert appointed by the person specified in the Contract Particulars. If the expert appointed under clause 15.3: is unavailable; declines to act; does not respond within 14 days to a request by one or both parties for advice as to whether he or she is able to conduct the determination; does not enter into the Expert Determination Agreement or other agreement in accordance with clause 15.9(b) within 14 days of his or her appointment under clause 15.3; or does not make a determination within the time required by clause 15.8, the jurisdiction of the expert shall lapse and a further expert must be appointed under paragraph (a). If there has been an appointment under paragraph (a) and one of the events in paragraph (b) has occurred, the further expert appointed under paragraph (a) shall not be an expert previously appointed under paragraph (a) in respect of the same dispute or difference. Not Arbitration An expert determination conducted under clause 15 is not an arbitration and the expert is not an arbitrator. The expert may reach a decision from his or her own knowledge and expertise. Procedure for Determination The expert will: act as an expert and not as an arbitrator; proceed in any manner he or she thinks fit; conduct any investigation which he or she considers necessary to resolve the dispute or difference; examine such documents, and interview such persons, as he or she may require; and make such directions for the conduct of the determination as he or she considers necessary. Disclosure of Interest The expert must: disclose to the parties any: interest he or she has in the outcome of the determination; conflict of interest; conflict of duty; personal relationship which the expert has with either party, or either party's representatives, witnesses or experts; and other fact, matter or thing which a reasonable person may regard as giving rise to the possibility of bias; and not communicate with one party to the determination without the knowledge of the other. Costs Each party will: bear its own costs in respect of any expert determination; and pay one-half of the expert's costs.

Expert Determination. Unless otherwise agreed between the parties, to the extent If the dispute or difference is in relation to a direction of the Contract Administrator under one of the clauses specified in the Contract Particulars and Commonwealth's Representative is not resolved within 14 days after a notice is given under clause 15.112.1, the dispute or difference must be submitted to expert determination. The Expert The expert determination under clause 15.2 12.2 is to be conducted by: the independent industry expert specified in the Contract Particulars; or where no such independent industry expert is specified or paragraph (b) applies, an independent industry expert appointed by the person specified in the Contract Particulars. If the expert appointed under this clause 15.312.3: is unavailable; declines to act; does not respond within 14 days to a request by one or both parties for advice as to whether he or she is able to conduct the determination; does not enter into the Expert Determination Agreement or other agreement in accordance with clause 15.9(b12.9(b) within 14 days of his or her appointment under this clause 15.312; or does not make a determination within the time required by clause 15.812.8, the jurisdiction of the expert shall lapse and a further expert must be appointed under paragraph (a). If there has been an appointment under paragraph (a) and one of the events in paragraph (b) has occurred, the further expert appointed under paragraph (a) shall not be an expert previously appointed under paragraph (a) in respect of the same dispute or difference. Not Arbitration An expert determination conducted under this clause 15 12 is not an arbitration and the expert is not an arbitrator. The expert may reach a decision from his or her own knowledge and expertise. Procedure for Determination The expert will: act as an expert and not as an arbitrator; proceed in any manner he or she thinks fit; conduct any investigation which he or she considers necessary to resolve the dispute or difference; examine such documents, documents and interview such persons, persons as he or she may require; and make such directions for the conduct of the determination as he or she considers necessary. Disclosure of Interest The expert must: disclose to the parties any: interest he or she has in the outcome of the determination; conflict of interest; conflict of duty; personal relationship which the expert has with either party, or either party's representatives, witnesses or experts; and other fact, matter or thing which a reasonable person may regard as giving rise to the possibility of bias; and not communicate with one party to the determination without the knowledge of the other. Costs Each party will: bear its own costs in respect of any expert determination; and pay one-half one‑half of the expert's ’s costs.

Expert Determination. Unless otherwise agreed between the parties, to the extent the dispute or difference is in relation to a direction of the Contract Administrator Contractor's Representative under one of the clauses specified in the Contract Subcontract Particulars and is not resolved within 14 days after a notice is given under clause 15.1, the dispute or difference must be submitted to expert determination. The Expert The expert determination under clause 15.2 is to be conducted by: the independent industry expert specified in the Contract Subcontract Particulars; or where no such independent industry expert is specified or paragraph (b) applies, an independent industry expert appointed by the person specified in the Contract Subcontract Particulars. If the expert appointed under clause 15.3: is unavailable; declines to act; does not respond within 14 days to a request by one or both parties for advice as to whether he or she is able to conduct the determination; does not enter into the Expert Determination Agreement or other agreement in accordance with clause 15.9(b) within 14 days of his or her appointment under clause 15.3paragraph (a); or does not make a determination within the time required by clause 15.8, the jurisdiction of the expert shall lapse and a further expert must be appointed under paragraph (a). If there has been an appointment under paragraph (a) and one of the events in paragraph (b) has occurred, the further expert appointed under paragraph (a) shall not be an expert previously appointed under paragraph (a) in respect of the same dispute or difference. Not Arbitration An expert determination conducted under clause 15 is not an arbitration and the expert is not an arbitrator. The expert may reach a decision from his or her own knowledge and expertise. Procedure for Determination The expert will: act as an expert and not as an arbitrator; proceed in any manner he or she thinks fit; conduct any investigation which he or she considers necessary to resolve the dispute or difference; examine such documents, and interview such persons, as he or she may require; and make such directions for the conduct of the determination as he or she considers necessary. Disclosure of Interest The expert must: disclose to the parties any: interest he or she has in the outcome of the determination; conflict of interest; conflict of duty; personal relationship which the expert has with either party, or either party's representatives, witnesses or experts; and other fact, matter or thing which a reasonable person may regard as giving rise to the possibility of bias; and not communicate with one party to the determination without the knowledge of the other. Costs Each party will: bear its own costs in respect of any expert determination; and pay one-half one‑half of the expert's ’s costs.

Expert Determination. Unless otherwise agreed between the parties, to the extent the dispute or difference is in relation to a direction of the Contract Administrator Contractor’s Representative under one of the clauses specified in the Contract Subcontract Particulars and is not resolved within 14 days after a notice is given under clause 15.1, the dispute or difference must be submitted to expert determination. The Expert The expert determination under clause 15.2 is to be conducted by: the independent industry expert specified in the Contract Subcontract Particulars; or where no such independent industry expert is specified or paragraph (b) applies, an independent industry expert appointed by the person specified in the Contract Subcontract Particulars. If the expert appointed under clause 15.3: is unavailable; declines to act; does not respond within 14 days to a request by one or both parties for advice as to whether he or she is able to conduct the determination; does not enter into the Expert Determination Agreement or other agreement in accordance with clause 15.9(b) within 14 days of his or her appointment under clause 15.3paragraph (a); or does not make a determination within the time required by clause 15.8, the jurisdiction of the expert shall lapse and a further expert must be appointed under paragraph (a). If there has been an appointment under paragraph (a) and one of the events in paragraph (b) has occurred, the further expert appointed under paragraph (a) shall not be an expert previously appointed under paragraph (a) in respect of the same dispute or difference. Not Arbitration An expert determination conducted under clause 15 is not an arbitration and the expert is not an arbitrator. The expert may reach a decision from his or her own knowledge and expertise. Procedure for Determination The expert will: act as an expert and not as an arbitrator; proceed in any manner he or she thinks fit; conduct any investigation which he or she considers necessary to resolve the dispute or difference; examine such documents, and interview such persons, as he or she may require; and make such directions for the conduct of the determination as he or she considers necessary. Disclosure of Interest The expert must: disclose to the parties any: interest he or she has in the outcome of the determination; conflict of interest; conflict of duty; personal relationship which the expert has with either party, or either party's ’s representatives, witnesses or experts; and other fact, matter or thing which a reasonable person may regard as giving rise to the possibility of bias; and not communicate with one party to the determination without the knowledge of the other. Costs Each party will: bear its own costs in respect of any expert determination; and pay one-half of the expert's ’s costs.

Expert Determination. Unless otherwise agreed between the parties, to the extent the dispute or difference is in relation to a direction of the Contract Administrator Contractor's Representative under one of the clauses specified in the Contract Subcontract Particulars and is not resolved within 14 days after a notice is given under clause 15.113.1, the dispute or difference must be submitted to expert determination. The Expert The expert determination under clause 15.2 13.2 is to be conducted by: the independent industry expert specified in the Contract Subcontract Particulars; or where no such independent industry expert is specified or paragraph (b) applies, an independent industry expert appointed by the person specified in the Contract Subcontract Particulars. If the expert appointed under clause 15.313.3: is unavailable; declines to act; does not respond within 14 days to a request by one or both parties for advice as to whether he or she is able to conduct the determination; does not enter into the Expert Determination Agreement or other agreement in accordance with clause 15.9(b13.9(b) within 14 days of his or her appointment under clause 15.3paragraph (a); or does not make a determination within the time required by clause 15.813.8, the jurisdiction of the expert shall lapse and a further expert must be appointed under paragraph (a). If there has been an appointment under paragraph (a) and one of the events in paragraph (b) has occurred, the further expert appointed under paragraph (a) shall not be an expert previously appointed under paragraph (a) in respect of the same dispute or difference. Not Arbitration An expert determination conducted under clause 15 13 is not an arbitration and the expert is not an arbitrator. The expert may reach a decision from his or her own knowledge and expertise. Procedure for Determination The expert will: act as an expert and not as an arbitrator; proceed in any manner he or she thinks fit; conduct any investigation which he or she considers necessary to resolve the dispute or difference; examine such documents, and interview such persons, as he or she may require; and make such directions for the conduct of the determination as he or she considers necessary. Disclosure of Interest The expert must: disclose to the parties any: interest he or she has in the outcome of the determination; conflict of interest; conflict of duty; personal relationship which the expert has with either party, or either party's representatives, witnesses or experts; and other fact, matter or thing which a reasonable person may regard as giving rise to the possibility of bias; and not communicate with one party to the determination without the knowledge of the other. Costs Each party will: bear its own costs in respect of any expert determination; and pay one-half one‑half of the expert's ’s costs.

Expert Determination. Unless otherwise agreed between the parties, to the extent the dispute or difference is in relation to a direction of the Contract Administrator under one of the clauses specified in the Contract Particulars and is not resolved within 14 days after a notice is given under clause 15.113.1, the dispute or difference must be submitted to expert determination. The Expert The expert determination under clause 15.2 13.2 is to be conducted by: the independent industry expert specified in the Contract Particulars; or where no such independent industry expert is specified or paragraph (b) applies, an independent industry expert appointed by the person specified in the Contract Particulars. If the expert appointed under clause 15.313.3: is unavailable; declines to act; does not respond within 14 days to a request by one or both parties for advice as to whether he or she is able to conduct the determination; does not enter into the Expert Determination Agreement or other agreement in accordance with clause 15.9(b13.9(b) within 14 days of his or her appointment under clause 15.313.3; or does not make a determination within the time required by clause 15.813.8, the jurisdiction of the expert shall lapse and a further expert must be appointed under paragraph (a). If there has been an appointment under paragraph (a) and one of the events in paragraph (b) has occurred, the further expert appointed under paragraph (a) shall not be an expert previously appointed under paragraph (a) in respect of the same dispute or difference. Not Arbitration An expert determination conducted under clause 15 13 is not an arbitration and the expert is not an arbitrator. The expert may reach a decision from his or her own knowledge and expertise. Procedure for Determination The expert will: act as an expert and not as an arbitrator; proceed in any manner he or she thinks fit; conduct any investigation which he or she considers necessary to resolve the dispute or difference; examine such documents, and interview such persons, as he or she may require; and make such directions for the conduct of the determination as he or she considers necessary. Disclosure of Interest The expert must: disclose to the parties any: interest he or she has in the outcome of the determination; conflict of interest; conflict of duty; personal relationship which the expert has with either party, or either party's representatives, witnesses or experts; and other fact, matter or thing which a reasonable person may regard as giving rise to the possibility of bias; and not communicate with one party to the determination without the knowledge of the other. Costs Each party will: bear its own costs in respect of any expert determination; and pay one-half one‑half of the expert's ’s costs.

Expert Determination. Unless otherwise agreed between the parties, to the extent the dispute or difference is in relation to a direction of the Contract Administrator under one of the clauses specified in the Contract Particulars and is not resolved within 14 days after a notice is given under clause 15.1, the dispute or difference must be submitted to expert determination. The Expert The expert determination under clause 15.2 is to be conducted by: the independent industry expert specified in the Contract Particulars; or where no such independent industry expert is specified or paragraph (b) applies, an independent industry expert appointed by the person specified in the Contract Particulars. If the expert appointed under clause 15.3: is unavailable; declines to act; does not respond within 14 days to a request by one or both parties for advice as to whether he or she is able to conduct the determination; does not enter into the Expert Determination Agreement or other agreement in accordance with clause 15.9(b(b) within 14 days of his or her appointment under clause 15.3; or does not make a determination within the time required by clause 15.8, the jurisdiction of the expert shall lapse and a further expert must be appointed under paragraph (a). If there has been an appointment under paragraph (a) and one of the events in paragraph (b) has occurred, the further expert appointed under paragraph (a) shall not be an expert previously appointed under paragraph (a) in respect of the same dispute or difference. Not Arbitration An expert determination conducted under clause 15 15. is not an arbitration and the expert is not an arbitrator. The expert may reach a decision from his or her own knowledge and expertise. Procedure for Determination The expert will: act as an expert and not as an arbitrator; proceed in any manner he or she thinks fit; conduct any investigation which he or she considers necessary to resolve the dispute or difference; examine such documents, and interview such persons, as he or she may require; and make such directions for the conduct of the determination as he or she considers necessary. Disclosure of Interest The expert must: disclose to the parties any: interest he or she has in the outcome of the determination; conflict of interest; conflict of duty; personal relationship which the expert has with either party, or either party's representatives, witnesses or experts; and other fact, matter or thing which a reasonable person may regard as giving rise to the possibility of bias; and not communicate with one party to the determination without the knowledge of the other. Costs Each party will: bear its own costs in respect of any expert determination; and pay one-half of the expert's costs.

Expert Determination. Unless otherwise agreed between the parties, to the extent If the dispute or difference is in relation to a direction of the Contract Administrator PDS Contractor under one of the clauses specified in the Contract Particulars and is not resolved within 14 days after a notice is given under clause 15.1, the dispute or difference must be submitted to expert determination. The Expert The expert determination under clause 15.2 is to be conducted by: the independent industry expert specified in the Contract Particulars; or where no such independent industry expert is specified or paragraph (b) applies, an independent industry expert appointed by the person specified in the Contract Particulars. If the expert appointed under clause 15.3: is unavailable; declines to act; does not respond within 14 days to a request by one or both parties for advice as to whether he or she is able to conduct the determination; does not enter into the Expert Determination Agreement or other agreement in accordance with clause 15.9(b) within 14 days of his or her appointment under clause 15.3; or does not make a determination within the time required by clause 15.8, the jurisdiction of the expert shall lapse and a further expert must be appointed under paragraph (a). If there has been an appointment under paragraph (a) and one of the events in paragraph (b) has occurred, the further expert appointed under paragraph (a) shall not be an expert previously appointed under paragraph (a) in respect of the same dispute or difference. Not Arbitration An expert determination conducted under clause 15 is not an arbitration and the expert is not an arbitrator. The expert may reach a decision from his or her own knowledge and expertise. Procedure for Determination The expert will: act as an expert and not as an arbitrator; proceed in any manner he or she thinks fit; conduct any investigation which he or she considers necessary to resolve the dispute or difference; examine such documents, and interview such persons, as he or she may require; and make such directions for the conduct of the determination as he or she considers necessary. Disclosure of Interest The expert must: disclose to the parties any: interest he or she has in the outcome of the determination; conflict of interest; conflict of duty; personal relationship which the expert has with either party, or either party's representatives, witnesses or experts; and other fact, matter or thing which a reasonable person may regard as giving rise to the possibility of bias; and not communicate with one party to the determination without the knowledge of the other. Costs Each party will: bear its own costs in respect of any expert determination; and pay one-half of the expert's costs.

Expert Determination. Unless otherwise agreed between the parties, to the extent the dispute or difference is in relation to a direction of the Contract Administrator under one of the clauses specified in the Contract Particulars and Commonwealth's Representative that is not resolved within 14 days after a notice is given under clause 15.112.1, the dispute or difference must be submitted to expert determination. The Expert The expert determination under clause 15.2 12.2 is to be conducted by: the independent industry expert specified in the Contract Particulars; or where no such independent industry expert is specified or paragraph (b) applies, an independent industry expert appointed by the person specified in the Contract Particulars. If the expert appointed under this clause 15.312.3: is unavailable; declines to act; does not respond within 14 days to a request by one or both parties for advice as to whether he or she is able to conduct the determination; does not enter into the Expert Determination Agreement or other agreement in accordance with clause 15.9(b(b) within 14 days of his or her appointment under this clause 15.312.; or does not make a determination within the time required by clause 15.812.8, the jurisdiction of the expert shall lapse and a further expert must be appointed under paragraph (a). If there has been an appointment under paragraph (a) and one of the events in paragraph (b) has occurred, the further expert appointed under paragraph (a) shall not be an expert previously appointed under paragraph (a) in respect of the same dispute or difference. Not Arbitration An expert determination conducted under this clause 15 12. is not an arbitration and the expert is not an arbitrator. The expert may reach a decision from his or her own knowledge and expertise. Procedure for Determination The expert will: act as an expert and not as an arbitrator; proceed in any manner he or she thinks fit; conduct any investigation which he or she considers necessary to resolve the dispute or difference; examine such documents, documents and interview such persons, persons as he or she may require; and make such directions for the conduct of the determination as he or she considers necessary. Disclosure of Interest The expert must: disclose to the parties any: interest he or she has in the outcome of the determination; conflict of interest; conflict of duty; personal relationship which the expert has with either party, or either party's representatives, witnesses or experts; and other fact, matter or thing which a reasonable person may regard as giving rise to the possibility of bias; and not communicate with one party to the determination without the knowledge of the other. Costs Each party will: bear its own costs in respect of any expert determination; and pay one-half one‑half of the expert's ’s costs.

Expert Determination. Unless otherwise agreed between the parties, to the extent the dispute or difference is in relation to a direction of the Contract Administrator Consultant's Representative under one of the clauses specified in the Contract Subcontract Particulars and is not resolved within 14 days after a notice is given under clause 15.113.1, the dispute or difference must be submitted to expert determination. The Expert The expert determination under clause 15.2 13.2 is to be conducted by: the independent industry expert specified in the Contract Subcontract Particulars; or where no such independent industry expert is specified or paragraph (b) applies, an independent industry expert appointed by the person specified in the Contract Subcontract Particulars. If the expert appointed under clause 15.3: paragraph (a): is unavailable; declines to act; does not respond within 14 days to a request by one or both parties for advice as to whether he or she is able to conduct the determination; does not enter into the Expert Determination Agreement or other agreement in accordance with clause 15.9(b13.9(b) within 14 days of his or her appointment under clause 15.3paragraph (a); or does not make a determination within the time required by clause 15.813.8, the jurisdiction of the expert shall lapse and a further expert must be appointed under paragraph (a). If there has been an appointment under paragraph (a) and one of the events in paragraph (b) has occurred, the further expert appointed under paragraph (a) shall not be an expert previously appointed under paragraph (a) in respect of the same dispute or difference. Not Arbitration An expert determination conducted under clause 15 13 is not an arbitration and the expert is not an arbitrator. The expert may reach a decision from his or her own knowledge and expertise. Procedure for Determination The expert will: act as an expert and not as an arbitrator; proceed in any manner he or she thinks fit; conduct any investigation which he or she considers necessary to resolve the dispute or difference; examine such documents, and interview such persons, as he or she may require; and make such directions for the conduct of the determination as he or she considers necessary. Disclosure of Interest The expert must: disclose to the parties any: interest he or she has in the outcome of the determination; conflict of interest; conflict of duty; personal relationship which the expert has with either party, or either party's representatives, witnesses or experts; and other fact, matter or thing which a reasonable person may regard as giving rise to the possibility of bias; and not communicate with one party to the determination without the knowledge of the other. Costs Each party will: bear its own costs in respect of any expert determination; and pay one-half one‑half of the expert's ’s costs.

Expert Determination. Unless otherwise agreed between the parties, to the extent If the dispute or difference is in relation to a direction of the Contract Administrator Contractor's Representative under one of the clauses specified referred to in the Contract Subcontract Particulars and is not resolved within 14 days after a notice is given under clause 15.1, the dispute or difference must be submitted to expert determination. The Expert The expert determination under clause 15.2 is to be conducted by: the independent industry expert specified in the Contract Subcontract Particulars; or where no such independent industry expert is specified or paragraph (b) applies, an independent industry expert appointed by the person specified in the Contract Subcontract Particulars. If the expert appointed under this clause 15.3: is unavailable; declines to act; does not respond within 14 days to a request by one or both parties for advice as to whether he or she is able to conduct the determination; does not enter into the Expert Determination Agreement or other agreement in accordance with clause 15.9(b(b) within 14 days of his or her appointment under this clause 15.315.; or does not make a determination within the time required by clause 15.8, the jurisdiction of the expert shall lapse and a further expert must be appointed under paragraph (a). If there has been an appointment under paragraph (a) and one of the events in paragraph (b) has occurred, the further expert appointed under paragraph (a) shall not be an expert previously appointed under paragraph (a) in respect of the same dispute or difference. Not Arbitration An expert determination conducted under this clause 15 15. is not an arbitration and the expert is not an arbitrator. The expert may reach a decision from his or her own knowledge and expertise. Procedure for Determination The expert will: act as an expert and not as an arbitrator; proceed in any manner he or she thinks fit; conduct any investigation which he or she considers necessary to resolve the dispute or difference; examine such documents, and interview such persons, as he or she may require; and make such directions for the conduct of the determination as he or she considers necessary. Disclosure of Interest The expert must: disclose to the parties any: interest he or she has in the outcome of the determination; conflict of interest; conflict of duty; personal relationship which the expert has with either party, or either party's representatives, witnesses or experts; and other fact, matter or thing which a reasonable person may regard as giving rise to the possibility of bias; and not communicate with one party to the determination without the knowledge of the other. Costs Each party will: bear its own costs in respect of any expert determination; and pay one-half of the expert's costs.

Expert Determination. Unless otherwise agreed between the parties, to the extent If the dispute or difference is in relation to a direction of the Contract Administrator Contractor's Representative under one of the clauses specified referred to in the Contract Subcontract Particulars and is not resolved within 14 days after a notice is given under clause 15.112.1, the dispute or difference must be submitted to expert determination. The Expert The expert determination under clause 15.2 12.2 is to be conducted by: the independent industry expert specified in the Contract Subcontract Particulars; or where no such independent industry expert is specified or paragraph (b) applies, an independent industry expert appointed by the person specified in the Contract Subcontract Particulars. If the expert appointed under this clause 15.312.3: is unavailable; declines to act; does not respond within 14 days to a request by one or both parties for advice as to whether he or she is able to conduct the determination; does not enter into the Expert Determination Agreement or other agreement in accordance with clause 15.9(b12.9(b) within 14 days of his or her appointment under this clause 15.312; or does not make a determination within the time required by clause 15.812.8, the jurisdiction of the expert shall lapse and a further expert must be appointed under paragraph (a). If there has been an appointment under paragraph (a) and one of the events in paragraph (b) has occurred, the further expert appointed under paragraph (a) shall not be an expert previously appointed under paragraph (a) in respect of the same dispute or difference. Not Arbitration An expert determination conducted under this clause 15 12 is not an arbitration and the expert is not an arbitrator. The expert may reach a decision from his or her own knowledge and expertise. Procedure for Determination The expert will: act as an expert and not as an arbitrator; proceed in any manner he or she thinks fit; conduct any investigation which he or she considers necessary to resolve the dispute or difference; examine such documents, and interview such persons, as he or she may require; and make such directions for the conduct of the determination as he or she considers necessary. Disclosure of Interest The expert must: disclose to the parties any: interest he or she has in the outcome of the determination; conflict of interest; conflict of duty; personal relationship which the expert has with either party, or either party's representatives, witnesses or experts; and other fact, matter or thing which a reasonable person may regard as giving rise to the possibility of bias; and not communicate with one party to the determination without the knowledge of the other. Costs Each party will: bear its own costs in respect of any expert determination; and pay one-half one‑half of the expert's ’s costs.

Expert Determination. Unless otherwise agreed between the parties, to the extent If the dispute or difference is in relation to a direction of the Contract Administrator Contractor’s Representative under one of the clauses specified in the Contract Subcontract Particulars and is not resolved within 14 days after a notice is given under clause 15.1, the dispute or difference must be submitted to expert determination. The Expert The expert determination under clause 15.2 is to be conducted by: the independent industry expert specified in the Contract Subcontract Particulars; or where no such independent industry expert is specified or paragraph (b) applies, an independent industry expert appointed by the person specified in the Contract Subcontract Particulars. If the expert appointed under clause 15.3: paragraph (a): is unavailable; declines to act; does not respond within 14 days to a request by one or both parties for advice as to whether he or she is able to conduct the determination; does not enter into the Expert Determination Agreement or other agreement in accordance with clause 15.9(b(b) within 14 days of his or her appointment under clause 15.3paragraph (a); or does not make a determination within the time required by clause 15.8, the jurisdiction of the expert shall lapse and a further expert must be appointed under paragraph (a). If there has been an appointment under paragraph (a) and one of the events in paragraph (b) has occurred, the further expert appointed under paragraph (a) shall not be an expert previously appointed under paragraph (a) in respect of the same dispute or difference. Not Arbitration An expert determination conducted under clause 15 15. is not an arbitration and the expert is not an arbitrator. The expert may reach a decision from his or her own knowledge and expertise. Procedure for Determination The expert will: act as an expert and not as an arbitrator; proceed in any manner he or she thinks fit; conduct any investigation which he or she considers necessary to resolve the dispute or difference; examine such documents, and interview such persons, as he or she may require; and make such directions for the conduct of the determination as he or she considers necessary. Disclosure of Interest The expert must: disclose to the parties any: interest he or she has in the outcome of the determination; conflict of interest; conflict of duty; personal relationship which the expert has with either party, or either party's ’s representatives, witnesses or experts; and other fact, matter or thing which a reasonable person may regard as giving rise to the possibility of bias; and not communicate with one party to the determination without the knowledge of the other. Costs Each party will: bear its own costs in respect of any expert determination; and pay one-half of the expert's ’s costs.

Expert Determination. Unless otherwise agreed between the parties, to the extent If the dispute or difference is in relation to a direction of the Contract Administrator Contractor's Representative under one of the clauses specified referred to in the Contract Subcontract Particulars and is not resolved within 14 days after a notice is given under clause 15.1, the dispute or difference must be submitted to expert determination. The Expert The expert determination under clause 15.2 is to be conducted by: the independent industry expert specified in the Contract Subcontract Particulars; or where no such independent industry expert is specified or paragraph (b) applies, an independent industry expert appointed by the person specified in the Contract Subcontract Particulars. If the expert appointed under this clause 15.3: is unavailable; declines to act; does not respond within 14 days to a request by one or both parties for advice as to whether he or she is able to conduct the determination; does not enter into the Expert Determination Agreement or other agreement in accordance with clause 15.9(b) within 14 days of his or her appointment under this clause 15.315; or does not make a determination within the time required by clause 15.8, the jurisdiction of the expert shall lapse and a further expert must be appointed under paragraph (a). If there has been an appointment under paragraph (a) and one of the events in paragraph (b) has occurred, the further expert appointed under paragraph (a) shall not be an expert previously appointed under paragraph (a) in respect of the same dispute or difference. Not Arbitration An expert determination conducted under this clause 15 is not an arbitration and the expert is not an arbitrator. The expert may reach a decision from his or her own knowledge and expertise. Procedure for Determination The expert will: act as an expert and not as an arbitrator; proceed in any manner he or she thinks fit; conduct any investigation which he or she considers necessary to resolve the dispute or difference; examine such documents, and interview such persons, as he or she may require; and make such directions for the conduct of the determination as he or she considers necessary. Disclosure of Interest The expert must: disclose to the parties any: interest he or she has in the outcome of the determination; conflict of interest; conflict of duty; personal relationship which the expert has with either party, or either party's representatives, witnesses or experts; and other fact, matter or thing which a reasonable person may regard as giving rise to the possibility of bias; and not communicate with one party to the determination without the knowledge of the other. Costs Each party will: bear its own costs in respect of any expert determination; and pay one-half of the expert's costs.

Expert Determination. Unless otherwise agreed between the parties, to the extent If the dispute or difference is in relation to a direction of the Contract Administrator Contractor’s Representative under one of the clauses specified in the Contract Subcontract Particulars and is not resolved within 14 days after a notice is given under clause 15.1, the dispute or difference must be submitted to expert determination. The Expert The expert determination under clause 15.2 is to be conducted by: the independent industry expert specified in the Contract Subcontract Particulars; or where no such independent industry expert is specified or paragraph (b) applies, an independent industry expert appointed by the person specified in the Contract Subcontract Particulars. If the expert appointed under clause 15.3: paragraph (a): is unavailable; declines to act; does not respond within 14 days to a request by one or both parties for advice as to whether he or she is able to conduct the determination; does not enter into the Expert Determination Agreement or other agreement in accordance with clause 15.9(b) within 14 days of his or her appointment under clause 15.3paragraph (a); or does not make a determination within the time required by clause 15.8, the jurisdiction of the expert shall lapse and a further expert must be appointed under paragraph (a). If there has been an appointment under paragraph (a) and one of the events in paragraph (b) has occurred, the further expert appointed under paragraph (a) shall not be an expert previously appointed under paragraph (a) in respect of the same dispute or difference. Not Arbitration An expert determination conducted under clause 15 is not an arbitration and the expert is not an arbitrator. The expert may reach a decision from his or her own knowledge and expertise. Procedure for Determination The expert will: act as an expert and not as an arbitrator; proceed in any manner he or she thinks fit; conduct any investigation which he or she considers necessary to resolve the dispute or difference; examine such documents, and interview such persons, as he or she may require; and make such directions for the conduct of the determination as he or she considers necessary. Disclosure of Interest The expert must: disclose to the parties any: interest he or she has in the outcome of the determination; conflict of interest; conflict of duty; personal relationship which the expert has with either party, or either party's ’s representatives, witnesses or experts; and other fact, matter or thing which a reasonable person may regard as giving rise to the possibility of bias; and not communicate with one party to the determination without the knowledge of the other. Costs Each party will: bear its own costs in respect of any expert determination; and pay one-half of the expert's ’s costs.

Expert Determination. Unless otherwise agreed between the parties, to the extent If the dispute or difference is in relation to a direction of the Contract Administrator under one of the clauses specified in the Contract Particulars and Commonwealth's Representative is not resolved within 14 days after a notice is given under clause 15.111.1, the dispute or difference must be submitted to expert determination. The Expert The expert determination under clause 15.2 11.2 is to be conducted by: the independent industry expert specified in the Contract Particulars; or where no such independent industry expert is specified or paragraph (b) applies, an independent industry expert appointed by the person specified in the Contract Particulars. If the expert appointed under this clause 15.311.3: is unavailable; declines to act; does not respond within 14 days to a request by one or both parties for advice as to whether he or she is able to conduct the determination; does not enter into the Expert Determination Agreement or other agreement in accordance with clause 15.9(b11.9(b) within 14 days of his or her appointment under this clause 15.311; or does not make a determination within the time required by clause 15.811.8, the jurisdiction of the expert shall lapse and a further expert must be appointed under paragraph (a). If there has been an appointment under paragraph (a) and one of the events in paragraph (b) has occurred, the further expert appointed under paragraph (a) shall not be an expert previously appointed under paragraph (a) in respect of the same dispute or difference. Not Arbitration An expert determination conducted under this clause 15 11 is not an arbitration and the expert is not an arbitrator. The expert may reach a decision from his or her own knowledge and expertise. Procedure for Determination The expert will: act as an expert and not as an arbitrator; proceed in any manner he or she thinks fit; conduct any investigation which he or she considers necessary to resolve the dispute or difference; examine such documents, documents and interview such persons, persons as he or she may require; and make such directions for the conduct of the determination as he or she considers necessary. Disclosure of Interest The expert must: disclose to the parties any: interest he or she has in the outcome of the determination; conflict of interest; conflict of duty; personal relationship which the expert has with either party, or either party's representatives, witnesses or experts; and other fact, matter or thing which a reasonable person may regard as giving rise to the possibility of bias; and not communicate with one party to the determination without the knowledge of the other. Costs Each party will: bear its own costs in respect of any expert determination; and pay one-half one‑half of the expert's ’s costs.

Expert Determination. Unless otherwise agreed between the parties, to the extent If the dispute or difference is in relation to a direction of the Contract Administrator under one of the clauses specified in the Contract Particulars and Commonwealth's Representative is not resolved within 14 days after a notice is given under clause 15.111.1, the dispute or difference must be submitted to expert determination. The Expert The expert determination under clause 15.2 11.2 is to be conducted by: the independent industry expert specified in the Contract Particulars; or where no such independent industry expert is specified or paragraph (b) applies, an independent industry expert appointed by the person specified in the Contract Particulars. If the expert appointed under this clause 15.311.3: is unavailable; declines to act; does not respond within 14 days to a request by one or both parties for advice as to whether he or she is able to conduct the determination; does not enter into the Expert Determination Agreement or other agreement in accordance with clause 15.9(b11.9(b) within 14 days of his or her appointment under this clause 15.311; or does not make a determination within the time required by clause 15.811.8, the jurisdiction of the expert shall lapse and a further expert must be appointed under paragraph (a). If there has been an appointment under paragraph (a) and one of the events in paragraph (b) has occurred, the further expert appointed under paragraph (a) shall not be an expert previously appointed under paragraph (a) in respect of the same dispute or difference. Not Arbitration An expert determination conducted under this clause 15 11 is not an arbitration and the expert is not an arbitrator. The expert may reach a decision from his or her own knowledge and expertise. Procedure for Determination The expert will: act as an expert and not as an arbitrator; proceed in any manner he or she thinks fit; conduct any investigation which he or she considers necessary to resolve the dispute or difference; examine such documents, documents and interview such persons, persons as he or she may require; and make such directions for the conduct of the determination as he or she considers necessary. Disclosure of Interest The expert must: disclose to the parties any: interest he or she has in the outcome of the determination; conflict of interest; conflict of duty; personal relationship which the expert has with either party, or either party's representatives, witnesses or experts; and other fact, matter or thing which a reasonable person may regard as giving rise to the possibility of bias; and not communicate with one party to the determination without the knowledge of the other. Costs Each party will: bear its own costs in respect of any expert determination; and pay one-half one‑half of the expert's ’s costs.

Expert Determination. Unless otherwise agreed between the parties, to the extent If the dispute or difference is in relation to a direction of the Contract Administrator Contractor's Representative under one of the clauses specified referred to in the Contract Subcontract Particulars and is not resolved within 14 days after a notice is given under clause 15.1, the dispute or difference must be submitted to expert determination. The Expert The expert determination under clause 15.2 is to be conducted by: the independent industry expert specified in the Contract Subcontract Particulars; or where no such independent industry expert is specified or paragraph (b) appliesapplies , an independent industry expert appointed by the person specified in the Contract Subcontract Particulars. If the expert appointed under this clause 15.3: is unavailable; declines to act; does not respond within 14 days to a request by one or both parties for advice as to whether he or she is able to conduct the determination; does not enter into the Expert Determination Agreement or other agreement in accordance with clause 15.9(b) within 14 days of his or her appointment under this clause 15.315; or does not make a determination within the time required by clause 15.8, the jurisdiction of the expert shall lapse and a further expert must be appointed under paragraph (a). If there has been an appointment under paragraph (a) and one of the events in paragraph (b) has occurred, the further expert appointed under paragraph (a) shall not be an expert previously appointed under paragraph (a) in respect of the same dispute or difference. Not Arbitration An expert determination conducted under this clause 15 is not an arbitration and the expert is not an arbitrator. The expert may reach a decision from his or her own knowledge and expertise. Procedure for Determination The expert will: act as an expert and not as an arbitrator; proceed in any manner he or she thinks fit; conduct any investigation which he or she considers necessary to resolve the dispute or difference; examine such documents, and interview such persons, as he or she may require; and make such directions for the conduct of the determination as he or she considers necessary. Disclosure of Interest The expert must: disclose to the parties any: interest he or she has in the outcome of the determination; conflict of interest; conflict of duty; personal relationship which the expert has with either party, or either party's representatives, witnesses or experts; and other fact, matter or thing which a reasonable person may regard as giving rise to the possibility of bias; and not communicate with one party to the determination without the knowledge of the other. Costs Each party will: bear its own costs in respect of any expert determination; and pay one-half one‑half of the expert's ’s costs.

Expert Determination. Unless otherwise agreed between the parties, to the extent If the dispute or difference is in relation to a direction of the Contract Administrator under one of the clauses specified in the Contract Particulars and Contractor's Representative is not resolved within 14 days after a notice is given under clause 15.112.1, the dispute or difference must be submitted to expert determination. The Expert The expert determination under clause 15.2 12.2 is to be conducted by: the independent industry expert specified in the Contract Subcontract Particulars; or where no such independent industry expert is specified or paragraph (b) applies, an independent industry expert appointed by the person specified in the Contract Subcontract Particulars. If the expert appointed under this clause 15.312.3: is unavailable; declines to act; does not respond within 14 days to a request by one or both parties for advice as to whether he or she is able to conduct the determination; does not enter into the Expert Determination Agreement or other agreement in accordance with clause 15.9(b(b) within 14 days of his or her appointment under this clause 15.312.; or does not make a determination within the time required by clause 15.812.8, the jurisdiction of the expert shall lapse and a further expert must be appointed under paragraph (a). If there has been an appointment under paragraph (a) and one of the events in paragraph (b) has occurred, the further expert appointed under paragraph (a) shall not be an expert previously appointed under paragraph (a) in respect of the same dispute or difference. Not Arbitration An expert determination conducted under this clause 15 12. is not an arbitration and the expert is not an arbitrator. The expert may reach a decision from his or her own knowledge and expertise. Procedure for Determination The expert will: act as an expert and not as an arbitrator; proceed in any manner he or she thinks fit; conduct any investigation which he or she considers necessary to resolve the dispute or difference; examine such documents, documents and interview such persons, persons as he or she may require; and make such directions for the conduct of the determination as he or she considers necessary. Disclosure of Interest The expert must: disclose to the parties any: interest he or she has in the outcome of the determination; conflict of interest; conflict of duty; personal relationship which the expert has with either party, or either party's representatives, witnesses or experts; and other fact, matter or thing which a reasonable person may regard as giving rise to the possibility of bias; and not communicate with one party to the determination without the knowledge of the other. Costs Each party will: bear its own costs in respect of any expert determination; and pay one-half one‑half of the expert's ’s costs.

Expert Determination. Unless otherwise agreed between the parties, to the extent the dispute or difference is in relation to a direction of the Contract Administrator under one of the clauses specified in the Contract Particulars and Commonwealth's Representative that is not resolved within 14 days after a notice is given under clause 15.113.1, the dispute or difference must be submitted to expert determination. The Expert The expert determination under clause 15.2 13.2 is to be conducted by: the independent industry expert specified in the Contract Particulars; or where no such independent industry expert is specified or paragraph (b) applies, an independent industry expert appointed by the person specified in the Contract Particulars. If the expert appointed under this clause 15.313.3: is unavailable; declines to act; does not respond within 14 days to a request by one or both parties for advice as to whether he or she is able to conduct the determination; does not enter into the Expert Determination Agreement or other agreement in accordance with clause 15.9(b(b) within 14 days of his or her appointment under this clause 15.313.; or does not make a determination within the time required by clause 15.813.8, the jurisdiction of the expert shall lapse and a further expert must be appointed under paragraph (a). If there has been an appointment under paragraph (a) and one of the events in paragraph (b) has occurred, the further expert appointed under paragraph (a) shall not be an expert previously appointed under paragraph (a) in respect of the same dispute or difference. Not Arbitration An expert determination conducted under this clause 15 13. is not an arbitration and the expert is not an arbitrator. The expert may reach a decision from his or her own knowledge and expertise. Procedure for Determination The expert will: act as an expert and not as an arbitrator; proceed in any manner he or she thinks fit; conduct any investigation which he or she considers necessary to resolve the dispute or difference; examine such documents, documents and interview such persons, persons as he or she may require; and make such directions for the conduct of the determination as he or she considers necessary. Disclosure of Interest The expert must: disclose to the parties any: interest he or she has in the outcome of the determination; conflict of interest; conflict of duty; personal relationship which the expert has with either party, or either party's representatives, witnesses or experts; and other fact, matter or thing which a reasonable person may regard as giving rise to the possibility of bias; and not communicate with one party to the determination without the knowledge of the other. Costs Each party will: bear its own costs in respect of any expert determination; and pay one-half one‑half of the expert's ’s costs.

Expert Determination. Unless otherwise agreed between the parties, to the extent If the dispute or difference is in relation to a direction of the Contract Administrator under one of the clauses specified in the Contract Particulars and Commonwealth's Representative is not resolved within 14 days after a notice is given under clause 15.112.1, the dispute or difference must be submitted to expert determination. The Expert The expert determination under clause 15.2 12.2 is to be conducted by: the independent industry expert specified in the Contract Particulars; or where no such independent industry expert is specified or paragraph (b) applies, an independent industry expert appointed by the person specified in the Contract Particulars. If the expert appointed under this clause 15.312.3: is unavailable; declines to act; does not respond within 14 days to a request by one or both parties for advice as to whether he or she is able to conduct the determination; does not enter into the Expert Determination Agreement or other agreement in accordance with clause 15.9(b(b) within 14 days of his or her appointment under this clause 15.312.; or does not make a determination within the time required by clause 15.812.8, the jurisdiction of the expert shall lapse and a further expert must be appointed under paragraph (a). If there has been an appointment under paragraph (a) and one of the events in paragraph (b) has occurred, the further expert appointed under paragraph (a) shall not be an expert previously appointed under paragraph (a) in respect of the same dispute or difference. Not Arbitration An expert determination conducted under this clause 15 12. is not an arbitration and the expert is not an arbitrator. The expert may reach a decision from his or her own knowledge and expertise. Procedure for Determination The expert will: act as an expert and not as an arbitrator; proceed in any manner he or she thinks fit; conduct any investigation which he or she considers necessary to resolve the dispute or difference; examine such documents, documents and interview such persons, persons as he or she may require; and make such directions for the conduct of the determination as he or she considers necessary. Disclosure of Interest The expert must: disclose to the parties any: interest he or she has in the outcome of the determination; conflict of interest; conflict of duty; personal relationship which the expert has with either party, or either party's representatives, witnesses or experts; and other fact, matter or thing which a reasonable person may regard as giving rise to the possibility of bias; and not communicate with one party to the determination without the knowledge of the other. Costs Each party will: bear its own costs in respect of any expert determination; and pay one-half one‑half of the expert's ’s costs.

Expert Determination. Unless otherwise agreed between the parties, to the extent If the dispute or difference is in relation to a direction of the Contract Administrator under one of the clauses specified in the Contract Particulars and Contractor's Representative is not resolved within 14 days after a notice is given under clause 15.112.1, the dispute or difference must be submitted to expert determination. The Expert The expert determination under clause 15.2 12.2 is to be conducted by: the independent industry expert specified in the Contract Subcontract Particulars; or where no such independent industry expert is specified or paragraph (b) applies, an independent industry expert appointed by the person specified in the Contract Subcontract Particulars. If the expert appointed under this clause 15.312.3: is unavailable; declines to act; does not respond within 14 days to a request by one or both parties for advice as to whether he or she is able to conduct the determination; does not enter into the Expert Determination Agreement or other agreement in accordance with clause 15.9(b12.9(b) within 14 days of his or her appointment under this clause 15.312; or does not make a determination within the time required by clause 15.812.8, the jurisdiction of the expert shall lapse and a further expert must be appointed under paragraph (a). If there has been an appointment under paragraph (a) and one of the events in paragraph (b) has occurred, the further expert appointed under paragraph (a) shall not be an expert previously appointed under paragraph (a) in respect of the same dispute or difference. Not Arbitration An expert determination conducted under this clause 15 12 is not an arbitration and the expert is not an arbitrator. The expert may reach a decision from his or her own knowledge and expertise. Procedure for Determination The expert will: act as an expert and not as an arbitrator; proceed in any manner he or she thinks fit; conduct any investigation which he or she considers necessary to resolve the dispute or difference; examine such documents, documents and interview such persons, persons as he or she may require; and make such directions for the conduct of the determination as he or she considers necessary. Disclosure of Interest The expert must: disclose to the parties any: interest he or she has in the outcome of the determination; conflict of interest; conflict of duty; personal relationship which the expert has with either party, or either party's representatives, witnesses or experts; and other fact, matter or thing which a reasonable person may regard as giving rise to the possibility of bias; and not communicate with one party to the determination without the knowledge of the other. Costs Each party will: bear its own costs in respect of any expert determination; and pay one-half one‑half of the expert's ’s costs.

Expert Determination. Unless otherwise agreed between the parties, to the extent If the dispute or difference is in relation to a direction of the Contract Administrator under one of the clauses specified in the Contract Particulars and Commonwealth's Representative is not resolved within 14 days after a notice is given under clause 15.131.1, the dispute or difference must be submitted to expert determination. The Expert The expert determination under clause 15.2 31.2 is to be conducted by: the independent industry expert specified in the Contract Particulars; or where no such independent industry expert is specified or paragraph (b) applies, an independent industry expert appointed by the person specified in the Contract Particulars. If the expert appointed under this clause 15.331.3: is unavailable; declines to act; does not respond within 14 days to a request by one or both parties for advice as to whether he or she is able to conduct the determination; does not enter into the Expert Determination Agreement or other agreement in accordance with clause 15.9(b31.9(b) within 14 days of his or her appointment under this clause 15.331; or does not make a determination within the time required by clause 15.831.8, the jurisdiction of the expert shall lapse and a further expert must be appointed under paragraph (a). If there has been an appointment under paragraph (a) and one of the events in paragraph (b) has occurred, the further expert appointed under paragraph (a) shall not be an expert previously appointed under paragraph (a) in respect of the same dispute or difference. Not Arbitration An expert determination conducted under this clause 15 31 is not an arbitration and the expert is not an arbitrator. The expert may reach a decision from his or her own knowledge and expertise. Procedure for Determination The expert will: act as an expert and not as an arbitrator; proceed in any manner he or she thinks fit; conduct any investigation which he or she considers necessary to resolve the dispute or difference; examine such documents, documents and interview such persons, persons as he or she may require; and make such directions for the conduct of the determination as he or she considers necessary. Disclosure of Interest The expert must: disclose to the parties any: interest he or she has in the outcome of the determination; conflict of interest; conflict of duty; personal relationship which the expert has with either party, or either party's representatives, witnesses or experts; and other fact, matter or thing which a reasonable person may regard as giving rise to the possibility of bias; and not communicate with one party to the determination without the knowledge of the other. Costs Each party will: bear its own costs in respect of any expert determination; and pay one-half one‑half of the expert's ’s costs.