Prospective & Retrospective Forensic Delay Analysis
Learn more about delay analysis, how we help you determine the method of analysis and how our work can help you resolve disputes.
Chronos Consult provides contemporaneous and forward-looking CPM schedule analysis to assist in the early resolution of time extensions. We also carry out forensic delay analysis for the preparation and defence of construction delay claims.
There are important considerations for choosing an appropriate analysis methodology. These are dependent on the project facts, the nature of the events being analysed and extent of available as-built information. Additionally, the available progress data will impact choice of method. All these factors vary from project to project.
Construction programme analysis is an integral part of most delay claims and disputes. This is particularly common in time-related issues such as critical delay, disruption, acceleration, liquidated damages, etc. The results of an analysis are vital to the success or failure of a claim. Therefore, any analysis should be consistent with industry standards.
Critical path method techniques, together with a forensic review of project documentation can help to assess and apportion the effects of delays. 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. To help with efficient resolution of disputes, it is crucial for forensic delay analysis to plot a clear path through the dispute. This is turn should enable 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. These 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.
- Inclement weather.
- Force majeure events.
Key questions Chronos help you to answer 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. This process will help to identify who accepted particular risks and what constitutes compensable or excusable delay.
A clear understanding of the elements necessary to substantiate delay claims is a requirement.