Forensic Delay Analysis: Clarity in Construction Disputes
In the construction industry, time is a critical factor. Delays can lead to cost overruns, disputes, and strained relationships between stakeholders. When a project is delayed, determining the causes and responsibilities is often complex. Forensic Delay Analysis provides the structured, evidence-based approach needed to assess delays and allocate accountability fairly.
What is Forensic Delay Analysis?
Forensic Delay Analysis (FDA) is the systematic examination of project schedules, records, and events to determine the causes and extent of delays. It is commonly used in construction claims and disputes, particularly in relation to prolongation, disruption, and extension of time (EOT) claims.
Objectives of Forensic Delay Analysis
Identify the actual causes of delay
Assess the impact of delay events on the critical path
Allocate responsibility between employer, contractor, and third parties
Support entitlement to additional time or costs
Provide evidence in arbitration, litigation, or adjudication
Common Methods of Delay Analysis
Several recognized methodologies are used, depending on the project data and dispute requirements:
As-Planned vs. As-Built – comparing the baseline program to actual progress.
Impacted As-Planned – inserting delay events into the baseline schedule.
Collapsed As-Built (But-For Analysis) – removing employer-caused delays to assess hypothetical completion.
Window Analysis – dividing the project into periods (“windows”) and analyzing delay impacts.
Importance of Forensic Delay Analysis
Evidence-Based Findings – conclusions are supported by detailed records and analysis.
Fair Allocation of Risk – responsibility for delays is assigned objectively.
Dispute Resolution – provides tribunals and courts with clear, structured expert opinions.
Project Learning – helps organizations improve future planning and risk management.
Role of Delay Experts
Specialist delay experts use forensic techniques to:
Analyze project schedules and records
Establish the link between delay events and project completion
Quantify the impact of delays on time and cost
Prepare expert reports and provide testimony in disputes
Conclusion
In an industry where delays can carry significant financial and reputational consequences, Forensic Delay Analysis is an essential tool. By combining technical expertise with impartial investigation, it provides the clarity needed to resolve disputes and improve accountability in complex construction projects.