Expert Witness & Delay Analysis
Prospective & Retrospective Forensic Delay Analysis
Construction Programme analysis is an integral part of most delay claims and disputes involving time-related issues such critical delay, disruption, acceleration, liquidated damages, etc. The results are vital to the success or failure of a claim and therefore analysis should be performed consistent with industry standards.
Critical Path Method techniques, together with a forensic review of project documentation and other relevant data help to assess and apportion the effects of delays and other impacts on the project programme. The results of the analysis typically establish a period of time for which a party may be entitled to receive an extension of time or damages.
Expert analysis in delay claims concentrates on a comparison of planned versus actual performance and should be carried out in analytical steps:
The As-planned Programme - Determine how the project was planned to be constructed with respect to activities, work sequences, activity durations, manpower, and capital expenditures -
The As-built Schedule - Determine the actual duration and sequences of the activities
The Variance Analysis (The Effect) - Establish the variances between the planned and actual performance of the work
The Delay Causation Analysis - Determine the causes of the variances between the planned and actual performance of the work
Construction delay claims are one of the most common types of disputes in the construction industry. There is a requirement for forensic delay analysis to plot a clear path through the dispute enabling the resolver to apportion culpability appropriately.
Delays are typically caused by unexpected events or circumstances that prevent the project from being carried out as originally planned. There are many common causes for delays on a construction project, which include, unexpected site conditions; poor management; site access restrictions; permits and approvals; financial problems; defective methodology; changes in the work; defective design; labour productivity issues; document review/approval; testing/inspections; inclement weather; and force majeure events.
Key questions to be answered include:
Has an event impacted the critical path of the project?
What is the extent of the delay
What is the cause of the delay and entitlement to a time extension?
The contract must be reviewed to understand the basis of the agreement and determine who accepted particular risks and what constitutes compensable or excusable delays.
A clear understanding of the elements necessary to substantiate delay claims is a requirement.
TJM Consult provides contemporaneous and forward-looking CPM schedule analysis to facilitate the early resolution of time extensions, as well as forensic delay analysis for the preparation and/or defence of construction delay claims. It should be noted that there are several important considerations for choosing an appropriate analysis methodology depending on the project facts, the nature of the events being analysed, the nature and extent of available as-built information, and the available progress data, and may vary from project to project.
Each claim is unique and deals with different contract requirements, situational contexts, levels of documentation, legal jurisdictions and dispute resolution forums. The selection of a particular analysis method should be based on professional judgment and diligent factual research and evaluation. Each of the referenced programme analysis methodologies has inherent advantages and disadvantages. We carry out programme analysis by means of the following industry-recognised methodologies:
Time Impact Analysis
Time Slice Windows Analysis
As-Planned versus As-Built Windows Analysis
Retrospective Longest Path Analysis
Collapsed As-Built Analysis