Construction Expert definition
Examples of Construction Expert in a sentence
For the avoidance of doubt, in the event of a dispute as to whether any such alteration to or deviation from the Approved Plans or use of materials in substitution as aforesaid materially alters the Development Works then either party may refer the matter to the Construction Expert for determination in terms of Clause 5.27.
All costs and expenses of the Construction Expert shall be divided equally between the parties.
If Seller and Purchaser cannot agree on such amount within thirty (30) days after such meeting, then Seller and Purchaser shall submit the matter to the Construction Expert for resolution (it being understood and agreed that both Seller and Purchaser may provide evidence of any decrease or increase in value to the Construction Expert).
The Construction Expert shall make an independent determination of the aggregate amount, if any, the designated Substantial Changes (as offset by any Offset Changes) decrease the value of the Property and submit such determination to the parties in writing within thirty (30) days following its receipt of the submission by Seller and Purchaser of such matter.
If the Construction Expert determines that a Material Revision has not occurred, then the subject bulletin, addendum or updated Design Drawings and Specifications (as applicable) shall be deemed approved by Purchaser.
In the event, the Parties fail to reach an agreement whether the given defect was fully removed or not, each Party will be entitled to refer a dispute to the Construction Expert.
In the event of such a referral, the Development Works [SC: or the relevant Section] shall not be deemed to be practically complete in terms of the Lease until the Construction Expert has issued his determination.
If Seller receives an Objection Notice during the Objection Notice Period and Seller disagrees with Purchaser’s determination that a Material Revision has occurred, then Seller shall promptly meet with Purchaser in an attempt to resolve any such dispute and, if such matter cannot be resolved within fifteen (15) days after Seller’s receipt of the Objection Notice, then Seller shall submit the matter to the Construction Expert for resolution and provide a written notice thereof to Purchaser.
A decision of the Construction Expert shall be final and binding upon the Parties.
For the avoidance of doubt, in the event of a dispute as to whether any such alteration to or deviation from the Approved Plans or use of materials in substitution as aforesaid materially alters the Development Works then either party may refer the matter to the Construction Expert for determination in terms of Clause 5.26.