Delay expert evidence

Delay analysis answers three questions: what delayed completion, who was responsible, and what extension of time and costs follow. Our delay expert spent years planning and programming major projects before turning to disputes, so the analysis starts from how the work was actually built.

What we analyse

  • Forensic delay analysis and responsibility for delay
  • Disruption analysis
  • Extension of time entitlement, claims and defences
  • Independent determinations of extension of time claims
  • Reviews of engineer’s and employer’s determinations
  • Progress monitoring records, baseline and as-built programmes
  • Planning and programming on live projects, including master planning for developments

Methods

We choose the method to suit the contract, the records available and the question the tribunal must answer, and we explain why it was chosen.

Where we give evidence

International arbitration under the ICC and DIAC rules, ICC expert determination, and amicable settlement panels.

How we work

  1. We agree the questions we are asked to answer, in writing.
  2. We go to the contract and the contemporaneous records first, then the parties’ claims.
  3. We build the analysis from the programmes and the progress records, and we state every assumption and every gap in the records.
  4. We meet the other side’s expert in good faith and record agreements and disagreements in a joint statement.
  5. We give oral evidence when required and answer questions as we would for the tribunal, whoever asks them.

Related experience

Delay

Hospital

Region
UAE
Forum
DIAC arbitration
Parties
Owner v main contractor
Our role
Delay expert

Experts: Jamie Shafto

Issues: Responsibility for delay

Evidence: Expert reports, joint statements; oral evidence under cross-examination by King’s Counsel

Delay

International airport

Region
Gulf
Forum
ICC arbitration
Parties
Main contractor v specialist systems subcontractor
Our role
Delay expert

Experts: Jamie Shafto

Issues: Responsibility for delay

Evidence: Expert reports, joint statements; oral evidence under cross-examination

Discuss a new matter

Tell us who the parties are and we will check for conflicts before anything else. Please do not send documents until we confirm there is no conflict.

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