Post by Constrata Consultants

Critical path clarity decides who shoulders million-dollar delay exposure. Disputes turn when the chosen delay methodology withstands cross-examination better than the counter-party’s schedule narrative. Recent arbitral awards confirm that analysts who can trace each day of slippage to an evidenced critical path event command the tribunal’s confidence. Drawing on the systematic steps outlined in Delay Analysis in Construction Contracts, we observe that an as-planned versus as-built windows approach remains the most transparent option when contemporaneous updates exist. However, Ontario adjudicators applying the Construction Act increasingly expect the analyst to demonstrate that the technique aligns with AACE International Recommended Practice 29R-03 or the SCL Protocol’s time-impact guidelines. When methodology selection diverges from these benchmarks, the burden of persuasion rises sharply. A recurring pitfall is reliance on global ‘collapse’ arguments where monthly updates are sparse. While the knowledge file reminds us that courts accept approximations when records are incomplete, current RICS guidance cautions that such approximations must still isolate causation, not merely correlation. Failure to do so can swing liquidated damages assessments by the full contractual daily rate. Best practice: decide the analytical method at tender stage, not after delays emerge. Incorporating a contract schedule specification that mandates critical path software, fortnightly status updates, and preserved baseline logic creates the data spine required for defensible forensic analysis. This proactive clause costs little up-front yet can save months of dispute resolution later. In multi-jurisdiction projects touching the MENA region, remember that many Gulf standard forms mirror FIDIC 1999, which grants entitlement only when the contractor proves both impact and mitigation. A structured delay file backed by contemporaneous progress photographs, manpower histograms, and documented mitigation attempts satisfies this dual requirement and resonates with regional dispute boards operating under CIArb rules. How are you strengthening project records to future-proof delay claims? Share your insight below. #DelayAnalysis #ConstructionClaims #ProjectControls #DisputeResolution #Infrastructure @CitiesCore CAT