Delay, Quantum & Expert Services | Protecon Consulting FZC

Delay, Quantum & Expert Services

Forensic analysis of disputed time, productivity and cost on construction and engineering projects.

Protecon is appointed by project owners, contractors, legal counsel, arbitral tribunals, and other appointing parties to conduct rigorous forensic schedule and quantum assessments. We assist parties in establishing what occurred, why it occurred, and what contractual time or cost consequences are demonstrable through contemporaneous evidence.

Delay

Critical path slippage affecting the contractual completion date.

Disruption

Loss of productivity or efficiency in work execution, whether critical or non-critical.

Prolongation

Time-related extended site overheads and preliminaries incurred during delay.

Quantum

Financial valuation of proven time, disruption, variation, or damages entitlement.

Forensic Investigation, Quantum Valuation & Expert Testimony

Strict adherence to Society of Construction Law (SCL) Delay and Disruption Protocol and AACE International Recommended Practices.

Forensic Delay & Disruption Analysis

Methodology is selected after careful consideration of contractual requirements, disputed events, baseline programmes, update programmes, progress records, timing of the analysis, evidentiary purpose, and available records.

Critical Schedule Inquiries

The forensic analysis separately addresses causation, criticality, concurrency, float (where relevant), mitigation, acceleration, and prolongation.

Disruption & Productivity Loss Assessment

Assessment based upon detailed resource records, output records, progress records, and contemporaneous project evidence. Where project data permits, we employ the Measured Mile methodology or another appropriate productivity-analysis method.

Critical Distinction

Distinguishes actual event-driven productivity loss from unrealistic tender assumptions, normal contractor inefficiency, and unrelated site events.

Quantum & Damages Assessment

Quantification of financial consequences arising from variations, delay, disruption, acceleration, breach, termination, and other compensable events.

Recognised Heads of Claim & Cost
Prolongation Costs
Extended Preliminaries
Labour Disruption
Equipment Disruption
Productivity Loss
Acceleration Costs
Mitigation Expenditure
Escalation & Inflation
Direct Loss & Expense
Head-Office Overheads
Financing / Interest Costs
Damages & Counterclaims
Traceable Valuation Rule

Entitlement to time is strictly distinguished from individual cost heads. Each amount is connected to an appropriate valuation methodology and contemporaneous records. Where required, wider financial/business loss is assessed with forensic-accounting input.

Expert Advisory (Early Case Assessment)

Provides objective early assessment before formal expert evidence is commissioned:

  • Objective review of claim merits & evidentiary strength
  • Selection of defensible analytical methodology
  • Preliminary delay & quantum outcome range estimation
  • Commercial settlement considerations
  • Proportionality review of further detailed analysis
Expert Advisory is strictly distinguished from advocacy.

Expert Witness Services

Operating under an overriding duty of independence and impartiality to the relevant arbitral tribunal, court, or dispute adjudication board.

  • Independent expert reports, reply reports, and rebuttal reports
  • Expert conclaves, meetings, and joint statements
  • Counsel briefings and witness-team preparation
  • Formal oral evidence and cross-examination testimony
  • Party-appointed, single-joint, or tribunal-appointed mandates
Support across DIAC, ICC, and ad hoc arbitrations.

Recognised Forensic Delay Methodologies

Method selection tailored to dispute timing, available records, and tribunal requirements.

01Prospective / Sub-Network Insertion

Time Impact Analysis (TIA)

Simulates the prospective impact of specific delay events on an updated baseline schedule immediately prior to event occurrence. Widely used for contemporaneous EOT determinations.

02Retrospective Time-Slice

As-Planned vs. As-Built Windows

Compares actual progress against planned schedule milestones across discrete chronological windows, evaluating how the true critical path evolved.

03Dynamic Windows Evaluation

Time Slice Analysis

Evaluates the critical path through successive periodic schedule updates to measure contemporaneously recorded delays and changes in logic.

04As-Built Critical Path Determination

Retrospective Longest Path

Traces the continuous sequence of longest path activities through the as-built records to identify the true root causes of overall project delay.

05Prospective Impact Addition

Impacted As-Planned Analysis

Adds discrete delay events to the original baseline schedule to demonstrate the theoretical delay effect in the absence of contractor mitigation or other factors.

06Subtractive As-Built Modeling

Collapsed As-Built (But-For) Analysis

Removes specific disputed delay events from the as-built schedule to demonstrate when the project would have completed "but for" those specific hindrances.

Service Family Deliverables

Typical outputs delivered across forensic delay, disruption, quantum, and expert witness engagements.

✓Forensic Delay Analysis Reports (SCL/AACE Aligned)
✓Disruption & Lost Productivity Assessments (Measured Mile)
✓Quantum of Damages Valuation Models
✓Independent Expert Advisory Memoranda
✓Independent Expert Witness Reports
✓Reply Reports & Rebuttal Reports
✓Joint Statements & Expert Conclave Documents
✓Counsel Briefings & Hearing Exhibits
✓Oral Evidence & Cross-Examination Preparation Dossiers

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