Claims & Disputes

Forensic Delay Analysis

When construction disputes reach the conference table or the courtroom, the schedule tells the story. We perform rigorous forensic delay analysis that stands up to cross-examination.

When You Need Forensic Analysis

Forensic schedule analysis becomes necessary when delay disputes cannot be resolved through normal project administration. Whether you're a contractor pursuing a time extension, an owner evaluating a claim, or an attorney preparing for arbitration — the forensic schedule analysis provides the objective, methodology-driven evidence that decision-makers require.

Unlike routine schedule management, forensic analysis works backward from outcomes to causes. It answers the question every delay dispute revolves around: who caused the delay, how long was it, and did it affect the project completion date?

Analytical Methods We Apply

There is no single "correct" forensic method — the appropriate technique depends on the available schedule data, the contract requirements, and the nature of the dispute. We are proficient in all four primary methods recognized by AACE International and the forensic scheduling community.

As-Planned vs. As-Built Analysis

This technique compares what was planned to happen against what actually happened. It identifies where deviations occurred and which activities drove the overall project delay. This is the most straightforward method and works well when schedule data is limited or when the dispute is relatively simple. Its limitation is that it doesn't account for the dynamic nature of the schedule — it treats the baseline as static rather than recognizing that priorities and sequences shift as work progresses.

Impacted As-Planned Analysis

This prospective method takes the approved baseline schedule and inserts delay events (fragnets) to measure their theoretical impact on the planned completion date. It's useful when actual progress data is limited or unreliable, and when the dispute centers on owner-caused delays. It answers "what would have happened if this delay hadn't occurred?" — a powerful question for time extension claims.

Collapsed As-Built (But-For) Analysis

This retrospective technique starts with the actual as-built schedule and removes delay events to determine what the completion date would have been "but for" those delays. It's particularly useful for complex disputes involving multiple concurrent delays, because it measures each delay's contribution to the overall project extension. It requires robust as-built data and is considered one of the more sophisticated forensic methods.

Windows Analysis

This technique divides the project timeline into discrete time periods (windows) and analyzes delays within each window independently. It captures the dynamic nature of the critical path — which shifts throughout construction — and identifies which party was responsible for delay in each period. It is the most granular and defensible method for complex disputes with multiple delay events over a long project duration.

Method selection matters: Choosing the wrong forensic method — or applying it incorrectly — can undermine an otherwise valid claim. We work with your legal team to select the method that best fits the facts, the available data, and the forum where the dispute will be resolved.

What Our Forensic Deliverables Include

Industries & Project Types

Our forensic practice covers federal construction (USACE, NAVFAC, VA, GSA, AOC), commercial building, data center construction, infrastructure and utilities, heavy civil, transportation, and industrial projects. We have analyzed delay disputes on projects ranging from $5M renovations to $500M+ capital programs.

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Frequently Asked Questions

Which forensic method should I use for my claim?

It depends on your contract specification, the available schedule data, and the complexity of the dispute. We evaluate your situation and recommend the most appropriate and defensible method. In many cases, the contract itself prescribes the required methodology.

Can you support both contractors and owners?

Yes. We provide forensic analysis services for contractors pursuing claims and for owners evaluating or defending against claims. We apply the same rigorous methodology regardless of which side retains us — the analysis must be objective to be credible.

What records do you need to perform forensic analysis?

All schedule files (baseline and updates in XER or XML format), daily reports, correspondence, RFIs, submittals, change orders, pay applications, meeting minutes, photographs, and any prior claims or notices. The more complete the record, the stronger the analysis.

How do you handle concurrent delays?

We identify and isolate concurrent delays using the forensic method appropriate to the dispute. Apportionment depends on the contract language, applicable law, and the specific facts — we work with your legal counsel to apply the correct framework for your jurisdiction.

Let's Fix Your Schedule

Our certified PMP·PSP·PMI-SP scheduling team supports federal and commercial construction projects nationwide. Virginia SWaM certified · SAM CAGE 0HQK1.