Website Upgrade Incoming - we're working on a new look (and speed!) standby while we deliver the project

Tips on using this forum..

(1) Explain your problem, don't simply post "This isn't working". What were you doing when you faced the problem? What have you tried to resolve - did you look for a solution using "Search" ? Has it happened just once or several times?

(2) It's also good to get feedback when a solution is found, return to the original post to explain how it was resolved so that more people can also use the results.

Forensic Planner

11 replies [Last post]
Rahul Mulik
User offline. Last seen 2 years 8 weeks ago. Offline
Joined: 24 Dec 2005
Posts: 15
Groups: None
Hi all there,
Can any body frame out the EXACT SCOPE OF WORK for a forensic planner?
I will appreciate your expert forwards/comments/oppinions.

Cheers & Regards,
Rahul Shamrao Mulik

Replies

Clive Randall
User offline. Last seen 17 years 27 weeks ago. Offline
Joined: 15 Aug 2005
Posts: 744
Groups: None
Charlie
Full blodied contractor I can only but imagine what you mean.
Forensic I believe is derived from the word forum where in ancient Rome the law courts were located. It is very closely related to the law. The term forensic planner is therefore more closely related to the nature of lawyers, tribunals and courts.
From this I would suggest that forensic planning skills would be primarily called upon when the formal mechanism for dispute resolution are activated under the contract.
My expectation is that the normal claims arising from a contract should and could be dealt with adequately by an experienced planner.
The forensic planner really is a sub breed of a planner with the dexterity and skill to search out the vital contemporary information which can influence the decision positively in legal proceedings. The majority of us planners have neither the patience, experience or skill to successfully undertake the task.
I would advocate that a good forensic planner is not a dabbler but a practitioner in an extremely commercial environment.
Clive
Charleston-Joseph...
User offline. Last seen 3 years 47 weeks ago. Offline
Joined: 10 Jul 2005
Posts: 1347
Groups: None
Hi again Clive,

I usually worked on the contractor side, full bloodied construction worker (engineer, others, etc, etc.).

This time I agree with you that the forensic planner are called at a later stage of the construction claims.

However, it is prudent to apply forensic planner skills at the first instance that a first notice of claim is put forward during the construction stage. Such skills are invaluable asset of the construction team during the preliminary negotiation stage in the resolution of claims. This will also help the client in minimizing expenses that may lead to arbitration in the event that the contractor got a strong case and powerful presentation of the issues by the contractor.

Cheers,

Charlie
Clive Randall
User offline. Last seen 17 years 27 weeks ago. Offline
Joined: 15 Aug 2005
Posts: 744
Groups: None
Charlie
In my limited experince the forensic planner is rarely involved in the daily mundane EOT claims. His role usually comes much later when the project runs substantially over the completion date and parties cannot agree an entitlement.
The forensic planner is then brought in to review the total programme, delays claimed, and to establish an accurate as built programme from the contemporary records available and his in depth experience of the construction process.
Many years ago I undertook this task for a clients legal advisor on a piling project.
The legal advisor had received during the pleadings an as built programme from the contractor identifying the cause and affect of late information etc. The legal advisor was defending the position from a standpoint of law, time bar etc and was not relying on the contemporary construction information. The legal advisor believed he would win the arbitration on points of law.
I was asked to review the contractors as built programme and was offered the opportunity to review the daily site diary signed by the COW and site foreman. From these contemporary records it became clear that the piling plant was either not on site or had broken down for over 50% of the final project period. This fact had been overlooked by the legal team. When this information was developed and presented to the contractor he was unable to refute the findings as he had provided the record himself when the works progressed.
While this is a very simple example of the role of a forensic planner it provides an indication of how he can provide input to a claim defence.
Clive
Charleston-Joseph...
User offline. Last seen 3 years 47 weeks ago. Offline
Joined: 10 Jul 2005
Posts: 1347
Groups: None
Hello,

In the analysis of claims for extension of time, the baseline programme is used to incorporate the events that impacted on the original schedule. The Forensic planner rule is called upon to do this job.

Regards,

Charlie
Norzul Ibrahim
User offline. Last seen 17 years 35 weeks ago. Offline
Joined: 17 Dec 2005
Posts: 165
Dear All,

It’s interesting to know that there is such thing as "Forensic Planner"...despite being in the oil & gas industry for quite sometime. Maybe becoz I don’t have experience dealing with major contract dispute or arbitration case..

Thanks

norzul
David Waddle
User offline. Last seen 13 years 23 weeks ago. Offline
Joined: 5 Feb 2003
Posts: 61
Groups: None
Rahul,
General information can be found at the Expert Witness Institute and the Academy of Experts as well as within the Civil Procedure Rules.

It is interesting to note that despite being employed (usually but not always) by one side, the expert must remain impartial and his duty is to the court. In our case the expert witness would be an expert in planning and scheduling and be able to analyse what happened (the forensic bit) and then write an opinion. When writing such an opinion one must remember that the expert is likely to have to appear in court (unless the dispute is settled) and be cross-examined possibly over a period of several days (depending on the size and complexity of the dispute)on his ability and authority to express such opinion, as well as be cross-examined on what he may have actually said in the report.

David
Marcio Sampaio
User offline. Last seen 12 years 42 weeks ago. Offline
Joined: 7 Nov 2005
Posts: 658
Hi Rahul Mulik,

The expert witness is an exception to the exclusionary rule and is permitted to give opinion evidence. In civil litigation this has statutory authority.

Where a person is called as an expert witness in any civil proceedings, his opinion on any relevant matter on which he is qualified to give expert evidence shall be admissible in evidence.

Kind regards;

Marcio Eduardo
Rio de Janeiro - Brazil

Rahul Mulik
User offline. Last seen 2 years 8 weeks ago. Offline
Joined: 24 Dec 2005
Posts: 15
Groups: None
Hi,

Thanks Marcio.

Does it mean that HE will be EXPERT IN DATA MINEING (Collecting Technical/Contractual Evidences out of the data available in hundreds of files)?

I would like to know from you, few words about "Expert Witness".

I would be thankful to you, for that.

Cheers & Regards,
Rahul Shamrao Mulik.
NMX LLC, Dubai.
Marcio Sampaio
User offline. Last seen 12 years 42 weeks ago. Offline
Joined: 7 Nov 2005
Posts: 658
See what do a FORENSIC PLANNER job requires:

To assist with major claims reports and contract analysis.
Extensive experience in Retrospective claims, Critical Path Method (CPM), EOT Claims, Time / Delay Analysis, and preparation of Expert Witness reports is essential to be considered for this role.
Have general planning and scheduling experience on large projects.

Kind regards,

Marcio Eduardo
Rio de Janeiro - Brazil
Norzul Ibrahim
User offline. Last seen 17 years 35 weeks ago. Offline
Joined: 17 Dec 2005
Posts: 165
first time for me to hear about forensic planner...interesting to know...