Our Services
Forensic Delay Analysis in Construction Claims
Forensic delay analysis in construction claims identifies the cause of delays and their expected impact on the overall programme of the works. When project delays occur, analysing cause and effect becomes pivotal for ascertaining liability. Within construction claims, Delay Analysis is often referred to as a ‘dark art’ primarily due to the multitude of available methods leading to misconceptions about the process and its outcomes.
At Zigma, delay analysis is performed using various methodologies practised in the construction industry, which include observational, static, dynamic, and modelled techniques. The critical path and delay impact are determined prospectively, retrospectively, or contemporaneously depending on unique factors and requirements of the project. For delay analysis methodologies, we refer to the Society of Construction Law, Delay and Disruption Protocol, 2nd Edition, February 2017 and AACE International Recommended Practice No. 29R-03 – Forensic Schedule Analysis. The works involve a comprehensive investigation into project delays using forensic and technical review of programmes and other contemporaneous records, review of contractual entitlement and compliance details, study of critical delay, concurrency analysis and establishment of excusable and compensable periods.
Forensic Delay Analysis for Expert Works
Forensic delay analysis for expert works stands as a specialised process, distinguished from the delay analysis for general construction claims by its unique feature: the inclusion of an expert. An expert, often referred to as an “expert witness,” is a qualified and experienced professional who provides specialised knowledge, opinions, and testimony on specific matters within their area of expertise during an arbitration or court proceeding. The expert can be appointed either by a court, an arbitration panel or selected independently by the parties involved, thus adding an additional layer of precision to the analysis.
At Zigma, we provide lead assistance to the experts. In the forensic delay analysis for expert works, in addition to the details mentioned above under the “Forensic Delay analysis in Construction Claims”, the analysis involves a thorough and systematic examination of the project records, the cause of the delays, quantifying their impacts, and providing expert opinions and reports for legal or contractual purposes. The delay analysis involves a more pragmatic review of the delays using specialised techniques guided by the insights and experience of the expert.
Acceleration and Disruption Analysis
The AACE International Recommended Practice No. 29R-03, FORENSIC SCHEDULE ANALYSIS, 25 April 2011, defines acceleration as all or a portion of the contracted scope of work is required to be completed by the contractor earlier than currently scheduled. The accelerated work may be required due to directed acceleration, constructive acceleration, or to mitigate the delay that the contractor decides to recover.
Acceleration analysis in construction is the process that assesses changes in the project schedule to expedite or compress its timeline. It involves identifying specific activities in the programme used in accelerating the work and considers factors like additional resources, overtime work, and revised work sequences. Effective acceleration analysis can significantly impact project outcomes, reducing costs and ensuring timely project completion.
The Society of Construction Law (“SCL”) Delay and Disruption Protocol, 2nd edition, defines disruption as the disturbance, hindrance or interruption to a Contractor’s normal working methods, resulting in lower productivity or efficiency in the execution of particular work activities.​
Disruption analysis is concerned with an analysis of the productivity of work activities. The contractor may have a claim for the cost of the lost productivity. Work that is carried out with a lower than reasonably anticipated productivity rate will lead to activity delay (need not be critical). Disruption analysis involves the evaluation of the compensation for the cost of the productivity loss, which is the difference between realistic and achievable productivity and that which was actually achieved in carrying out the impacted work activities as a result of the disruption events for which the Employer is responsible.
Planning and Project Controls
Project planning requires knowledge of construction methods combined with the ability to visualize discrete work elements and establish their mutual interdependencies. It involves determining the methods to achieve the project objectives in discussion with the site team, identifying the activities necessary to successfully complete the project, assigning realistic durations to each activity, determining the logical relationship and sequential order of the planned activities. Effective planning minimizes the impact of unforeseen problems as it will identify them in advance and provide solutions at the planning stage.
Our experience in project planning and scheduling spans a diverse array of construction projects. Our services encompass the development of baseline programmes, rigorous review and approval of contract programmes, preparation of tender programmes, and resource rolling plans. Furthermore, our expertise extends to guiding clients in real-time project progress monitoring and control, encompassing tasks such as programme updates, progress chart generation, shortfall analysis, and the development of recovery plans. We also employ meticulous Earned Value Analysis to closely monitor work performance by comparing the actual cost of work performed against budgeted costs. Our overarching goal is to provide guidance to project teams, enabling them to achieve targets with optimal resource utilization and maximum efficiency.