top of page

FORENSIC PLANNING & DELAY ANALYSIS

When the programme becomes the evidence

Delay and extension-of-time analysis under NEC, JCT and FIDIC, built from the native files and the project record.

CL.62.2 AND CL.63.5: DELAY IS DEMONSTRATED, NOT ASSERTED

Under NEC4, a compensation event moves the Completion Date only by the delay shown to planned Completion on the Accepted Programme, and quotations stand or fall on that demonstration. JCT and FIDIC apply the same test in different language: cause and effect, proven on the programme and the contemporaneous records.

We build that demonstration. The analysis is constructed from the native programme files and the project records, method-matched to the contract and the forum, and issued in a form that a project manager, an adjudicator or an opposing expert can interrogate without the position failing.

NEC ACCREDITED

APMG QUALIFIED

P6 / MS PROJECT / ASTA

NEC / JCT / FIDIC

01

THE QUESTION

Where did the time go, and whose is it

Every extension of time, every disputed quotation and every damages deduction reduces to the same picture: the plan, the actual, and the period between them attributed event by event. The analysis exists to make that attribution hold under examination.

COMPLETION DATE AS-PLANNED AS-BUILT 1 2 PERIOD TO BE DEMONSTRATED START TIME As-planned programme As-built, reconstructed from native files and records Delay events, mapped to cause and ownership

02

WHEN THIS WORK IS ENGAGED

Six positions, one standard of proof

THE POSITION

WHAT WE ESTABLISH

An EOT submitted, not accepted

The entitlement was asserted on a narrative the assessor would not accept. We rebuild the position from the records and the programme so the next submission is assessed on evidence rather than argument.

CE quotations disputed on time

The delay element of an NEC quotation is challenged, or a Cl.64 assessment is coming. We isolate the event, model it against the Accepted Programme and show the movement of planned Completion.

Delay damages threatened or deducted

Liquidated damages are notified or already withheld. We test how much of the period genuinely sits with the contractor, separate concurrent and employer events, and quantify the defensible balance.

Adjudication or proceedings ahead

Referral windows are short and the analysis carries the case. We build the delay analysis and exhibits to the standard the forum expects, ready for counsel or the appointed expert.

A post-completion claim to assemble

The project has closed and the story is scattered across programme revisions, correspondence and site records. We reconstruct the as-built from the native files into one coherent, referenced account.

A subcontractor claim to test

A delay claim has arrived from below the line. We give it an independent check of method, logic and records before money moves or the position is passed up the chain.

03

WHAT YOU RECEIVE

Three layers of analysis, issued as evidence

Each engagement is scoped to the position being tested. Most use one layer, contested positions use all three.

LAYER A

As-planned vs as-built reconstruction

ISSUED AS

Baseline integrity is checked first. The as-built is then built from native programme files, progress records, diaries and correspondence, with periods of delay identified on the longest path and tied to dated records.

As-built programme

Delay schedule

Records map

LAYER B

Time impact and windows analysis

ISSUED AS

Event fragnets and time slice windows, run prospectively or retrospectively as the contract mechanism and the forum require, quantifying the movement of planned Completion window by window.

Impacted programmes

Windows summary

Entitlement table

LAYER C

Native file forensics

ISSUED AS

XER, XML, MPP and Asta files interrogated directly: recovered baselines, calendar changes, progress overrides, logic and constraint edits, status date discipline. What the file history says is often the strongest exhibit.

File audit note

Version chronology

Exhibit pack

Disruption and loss of productivity assessment, including measured mile analysis where the records permit, is delivered within Layers A and B.

04

METHOD DISCIPLINE

The method is chosen to fit the facts

We select against the considerations set out in the SCL Delay and Disruption Protocol, 2nd edition: the records available, the contract mechanism, the forum and proportionality. The selection and its reasoning are recorded in a short method memo before any analysis is built, so the choice itself can withstand challenge.

The contractual ground is covered in our published guides to NEC delay analysis and extension of timecompensation events and Clause 31/32 programme compliance. Strong contemporaneous records lower the cost of every step on this page: that discipline is what our live controls and reporting retainers maintain month by month.

05

WHY THIS PRACTICE

Why clients bring this work to us

Grounded in live NEC delivery

We spend our working weeks inside live NEC4 programmes: Cl.61.3 notifications, Accepted Programme submissions and Completion Date positions managed in real time on current M&E and infrastructure delivery. The analysis is written by people who still carry the live consequence of getting it wrong.

We work from the native files

Many reconstructions start from printed programmes. Ours start from the XER: recovered baselines, override history, calendar and logic edits, status date discipline. The file history is evidence in itself, and it is read directly, not re-typed.

The honest answer arrives first

Step one is a records audit closed by a written method memo. If the records cannot support the position, the engagement ends there, in writing, before fees scale. Time-barred positions are flagged on the first call, not discovered later.

Scope is deliberately narrow: we do time. Quantum stays with your quantity surveyor or appointed quantum expert, and we provide the programme basis their figures stand on.

06

FOR DISPUTES PRACTICES AND EXPERT TEAMS

The analyst layer, under your direction

We provide reconstruction, windows builds, file forensics and exhibit preparation to disputes consultancies and appointed experts: delivered under your direction and your brand, remote, on a day-rate basis, with NDA as standard and native-file turnaround measured in days.

Your method, our build

Scope and methodology are set by your lead expert. We construct the analysis to that instruction and hand back working files, not just outputs.

Conflict-checked, brand-silent

Conflicts are declared per instruction before any material is shared. No authorship credit is expected and none is taken.

P6-native speed

We live in the planning tools your matters arrive in. Native files in, audited reconstructions and exhibits out, without a translation layer.

WORKING ENVIRONMENT: PRIMAVERA P6 · XER / XML · MS PROJECT · ASTA POWERPROJECT · POWER BI EXHIBITS

07

HOW AN ENGAGEMENT RUNS

Four steps, each one recorded

STEP 01

Records and file audit

What exists, what is missing, and what the records can actually support. The engagement can end here, in writing.

STEP 02

Method memo

The selected method and its reasoning, agreed in writing before the build starts, so the approach cannot later be challenged as convenient.

STEP 03

Analysis build

Programmes reconstructed or impacted, events mapped to cause and ownership, the period quantified window by window.

STEP 04

Report and exhibits

Issued through a documented QA gate in the form the audience needs: a submission, a referral bundle or an expert support pack.

FIRST STEP

Start with a Position Review

OUTPUT

Records audit, method memo, written entitlement view

TURNAROUND

A fixed-fee first step, completed within one week: the records and file audit, the method memo, and a written view of what the records can support and what they cannot. Test the position before the other side does.

​

A 30-minute call confirms the contract, the records available and the question the analysis must answer. A written scope and fixed fee follow within 48 hours.

​

NEC, JCT and FIDIC. Live positions, post-completion claims and proceedings support.

One week from receipt of the native files

COMMITMENT

Scope and fee fixed in writing before work starts. If the records cannot support the position, it ends there.

CONFIDENTIALITY

NDA as standard. Conflicts declared per instruction.

bottom of page