In the construction industry, delays are a common occurrence and can have significant financial, operational, and legal consequences. Whether caused by unforeseen site conditions, design changes, contractor performance issues, or external factors such as weather, construction delays can disrupt project schedules, inflate costs, and lead to disputes between parties. Understanding the root cause and extent of these delays is critical to managing claims, securing extensions of time, and minimising financial impact.
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At Sunderland Ives, our forensic delay analysis service is grounded in a deep understanding of construction project scheduling, contract requirements, and the technical aspects of delay causation. We specialise in Forensic Delay Analysis, a rigorous and systematic approach used to investigate, quantify, and resolve delay-related disputes. Our experts employ advanced techniques to reconstruct project timelines, identify the events that caused delays, and assess the impact on overall project completion. By providing clear, factual, and data-driven analysis, we help our clients build compelling cases for delay claims or defend against unjustified claims from other parties.
Forensic delay analysis plays a pivotal role in dispute resolution, as it not only clarifies the reasons for delays but also determines who is responsible for them. This type of analysis is vital when negotiating settlements, pursuing claims for extension of time (EOT), or presenting evidence in formal dispute resolution processes such as adjudication, arbitration, or litigation.
WHY IS FORENSIC DELAY ANALYSIS CRUCIAL?
Clarifies responsibility: By distinguishing between excusable and non-excusable delays, concurrent delays, and responsibility for specific events, forensic delay analysis apportions liability fairly, helping to resolve disputes equitably.
Supports claims for extensions of time (EOT): If a delay is proven to be outside our clients control, the analysis provides the evidence needed to secure an extension of time, preventing the imposition of liquidated or general damages.
Defends against claims: When our clients face claims for delays or disruption, forensic delay analysis allows us to challenge the validity of those claims and protect their position.
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Informs negotiation and settlement: By providing a clear and factual basis for discussions, our analysis helps resolve disputes at an early stage, avoiding costly and time-consuming dispute proceedings such as litigation.
Supports dispute resolution proceedings: Forensic delay analysis plays a critical role in supporting dispute resolution proceedings in the construction industry by providing a detailed, factual, and objective evaluation of the causes and impact of project delays.
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Supports expert testimony: In formal dispute resolution proceedings such as arbitration, adjudication, or litigation, expert testimony is often required to explain the causes and impacts of delays. Forensic delay analysis provides a clear, structured narrative that experts can use to present their findings to adjudicators, arbitrators, or judges.
OUR EXPERTISE
Sunderland Ives has a proven track record in forensic delay analysis, working with contractors, subcontractors, and developers on a wide range of construction projects, from commercial developments to infrastructure and engineering projects. Our deep industry knowledge, combined with our forensic approach, ensures that we provide our clients with precise, reliable, and actionable analysis that strengthens their position in any delay-related dispute.
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Our team is highly experienced in working with all major forms of contract, including JCT, NEC, FIDIC, and IChemE, and we are adept at tailoring our analysis to meet the specific requirements of each contractual framework.
KEY BENEFITS OF OUR FORENSIC DELAY ANALYSIS SERVICE:
Accurate and defensible analysis: Our data-driven approach ensures that our findings are factually accurate and stand up to scrutiny in any dispute resolution forum.
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Timely resolution: By identifying and analysing delays early, we help clients resolve disputes swiftly, avoiding prolonged project disruptions and costly litigation.
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Expert testimony and support: We provide expert reports and, where necessary, expert testimony to support our clients in adjudications, arbitrations, and court proceedings.
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Tailored solutions: Our forensic delay analysis is customised to the specific requirements of each project and contract, ensuring that our clients receive targeted and relevant advice.