Forensic Delay Analysis: Bringing Precision to Project Disputes

Forensic Delay Analysis is a critical process used to examine the causes and consequences of these delays, providing a structured and credible basis for resolving conflicts between stakeholders.

This form of analysis is especially important in complex, high-value projects where multiple parties, changing timelines, and unforeseen events can affect project delivery. When disagreements arise—whether in court, arbitration, or negotiation—clear and defensible analysis of delay becomes essential.

What Is Forensic Delay Analysis?

Forensic Delay Analysis is the retrospective investigation of project delays, using actual construction records, schedules, and communications to determine:

• When delays occurred

• Why they occurred

• Who is responsible

• What the impact was on project completion

Analysts often apply established methodologies such as:

• As-Planned vs. As-Built

• Time Impact Analysis (TIA)

• Windows Analysis

• Collapsed As-Built

Each method offers a different approach depending on the nature of the dispute, the quality of records, and the specific contractual requirements.

Applications in Dubai and the GCC

In regions like Dubai and the GCC, where construction projects often involve international contractors, tight deadlines, and high regulatory standards, Forensic Delay Analysis plays a key role in dispute resolution. It is commonly used in arbitration proceedings under DIFC-LCIA, ICC, and ADCCAC rules.

Delays may result from design changes, labor shortages, supply chain disruptions, adverse weather, or employer-directed suspensions. A proper analysis can distinguish between critical and non-critical delays and allocate responsibility accordingly—often determining the outcome of claims related to time extensions, liquidated damages, and cost recovery.

Key Qualities of Effective Analysis

A strong Forensic Delay Analysis is:

• Fact-based – relying on project documents, correspondence, and real-time schedule data

• Methodologically sound – using accepted techniques in line with industry practice

• Well-communicated – presented in a way that courts, tribunals, and non-technical audiences can understand

• Independent – objective, impartial, and grounded in professional standards

Whether used to support a claim, defend against allegations, or negotiate settlement, Forensic Delay Analysis brings structure and logic to situations where clarity is often in short supply.