In the world of construction contracts, clarity and conflict prevention are key. Every project involves tight deadlines, multiple contractors, and significant financial risks. That’s why having the right clauses in your contract is essential—including construction clauses and expert determination clauses. These help define responsibilities and offer a smoother path to resolving disputes when they arise.

At ApexCounsel, we provide expert legal advice UK businesses trust to draft, review, and enforce construction contracts. Whether you need commercial contracts advice, construction legal advice, or contractor legal advice, our team can help ensure your project is legally sound from day one.

What Are Construction Clauses?

Construction clauses are the backbone of any building or development contract. These terms set out the rights and duties of each party involved in a construction project. They typically cover:

• Scope of work 
• Timelines and milestones 
• Payment schedules 
• Change orders and variations 
• Quality standards and compliance 
• Insurance and risk allocation 

Well-drafted clauses minimise ambiguity and reduce the likelihood of disputes later on. If you’re involved in any construction project, it’s vital to get legal advice to make sure your contracts are clear, fair, and enforceable.

Why Construction Clauses Matter

✅ They define who is responsible for what.
✅ They prevent misunderstandings and costly delays.
✅ They provide a roadmap for handling unexpected issues.

At ApexCounsel, we offer practical construction legal advice and contractor legal advice tailored to the size, scope, and complexity of your project.

What is an Expert Determination Clause?

An expert determination clause is a provision in a contract that allows a dispute to be resolved by a neutral expert rather than through court or arbitration.

Instead of a judge or arbitrator, a specialist in the subject matter—such as a quantity surveyor, engineer, or architect—reviews the issue and makes a binding or non-binding decision (depending on the contract).

This process is particularly useful for:

• Disputes over technical matters, like measurements or project delays 
• Valuation disagreements (e.g., costs of variations or defects) 
• Issues that require industry-specific expertise 

Benefits of Expert Determination in Construction

✅ Faster resolution than court proceedings
✅ More cost-effective than arbitration or litigation
✅ Expert-led decisions from someone who understands construction
✅ Helps preserve working relationships between contractors and clients

However, for the clause to be enforceable, it must be clearly worded and agreed upon in advance. That’s why you should always get legal advice when including this clause in your contracts.

What to Include in an Expert Determination Clause

A well-drafted clause should include:

• The scope of disputes that can be referred 
• How the expert is appointed (e.g., mutually agreed or nominated by a professional body) 
• Timeframes for making a decision 
• Whether the decision is final and binding 
• Who pays for the expert’s fees 

At ApexCounsel, we help businesses write expert determination clauses that are:
✔ Clear and enforceable
✔ Tailored to the project’s complexity
✔ Supported by strong contractual foundations

Real-World Use Cases

• A developer disputes the amount owed to a contractor for a change in design. An expert is appointed to assess and decide. 
• A subcontractor argues the project delay wasn’t their fault. An engineer evaluates weather records and timeline data to resolve the issue. 

Legal Tip: Always define the process in the contract. If not, disagreements can arise over who qualifies as an expert and how their decision should be implemented.

Protecting Your IP in Construction Projects

Construction contracts often involve designs, specifications, and software tools. It’s important to include clauses that protect your:

• Design copyrights 
• Trademarks on project names or branding 
• Innovative tools or systems used on-site 

At ApexCounsel, we provide:

✔ Intellectual property legal advice for construction businesses
✔ Trademark legal services for project branding
✔ Patent legal advice for inventions or technical solutions used in construction

How ApexCounsel Can Help

We specialise in drafting and negotiating strong construction contracts that include:

✔ Clear and fair construction clauses
✔ Tailored expert determination clauses
✔ Commercial contracts advice for main contractors and subcontractors
✔ Contractor legal advice to protect your rights in large or small projects
✔ Intellectual property legal services to protect innovations and designs

Whether you’re a developer, architect, contractor, or consultant, get legal advice from ApexCounsel to keep your projects running smoothly.

Visit ApexCounsel’s website for more information or to speak with a legal expert.