Developing A Forensic Delay Claim

Introduction:

A sound baseline programme and a complete supporting network are essential to accurately monitor and assess progress for any form of forensic critical path delay analysis. When not available, our experience and capability of interrogating contemporaneous records allows us to understand the delay issues and their potential impact.

There are two major forms of analysis; which are known as: a) Retrospective and b) Prospective

Retrospective:

  • Dispute and litigation programme analysis including expert witness work using established and industry recognised retrospective delay analysis methods.
  • Post contract claims preparation and defence utilising forensic planning analysis.

Prospective:

  • Independent programme review at the commencement of a project or during the life-cycle of the project where the baseline no longer represents the planned intent.
  • Advice on the requirements and merits of prospective claims.
  • Project audits for projects under construction in order to determine likely completion dates and assess extension of time entitlements.

BHPL apply experience and intelligence to computer generated analysis to demonstrate ‘the cause and effect’ of the issues. Our team of forensic planners are skilled and experienced in analysing available information to assist in their understanding of the issues on often very complex projects.

The availability, quality of contemporaneous records and the scale of any dispute will dictate the retrospective delay analysis method adopted.

These include: time impact, as-planned v as-built, impacted as-planned and collapsed as-built. BHPL has been a provider of forensic analysis expertise to the AACEi who published the first compilation and practice guide to the various methods used in forensic schedule analysis.

Called the Recommended Practice for Forensic Delay Analysis (RP 29R-03), it was originally published in 2007 and has undergone several subsequent revisions which reflect the complex and still changing character of this recent analytical specialty. (Available at http://www. aacei.org/resources/rp/).

BHPL are competent practitioners with each of these techniques and can advise on their respective strengths and weaknesses in specific project circumstances.

In addition, BHPL is a member of the Society of Construction Law Australia and uses the society’s DELAY AND DISRUPTION PROTOCOL which was published as a guide and protocol for executing Forensic Delay Analysis in 2002. There are several Core Principles within the Protocol one of the more important ones is about Programme and Records.

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