Project AssureChoosing a delay analysis method: the six techniques and when each holds
A practical guide to the six SCL delay analysis methods: what records each needs, prospective vs retrospective, and which forum favours which.
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Forensic Planning & Delay Analysis
Rebuild the record. Prove the cause.
When a project finishes late, the argument is about cause and responsibility. We reconstruct what happened from the contemporaneous record, test the critical path period by period, and show what each delay event did to completion. The analysis is written to be followed by a negotiator, an adjudicator or an arbitral tribunal.
Records. Causation. Entitlement.
In brief
What is forensic planning & delay analysis?
Forensic planning and delay analysis is the evidence-based investigation of why a construction or infrastructure project was delayed, which events drove the critical path, and who carries the risk for each. Project Assure applies methods recognised by the SCL Delay and Disruption Protocol and AACE RP 29R-03 to prepare, assess and test extension-of-time and delay claims.
What we deliver
Forensic Planning & Delay Analysis services
- Programme testing and repairBaseline and updates checked for logic, constraints and progress accuracy before any analysis relies on them.
- Critical delay investigationIdentification of the events that drove critical delay, with causation traced through the programme and the contemporaneous record.
- EOT entitlement reviewEntitlement tested against the contract's time and notice provisions. The same test applies whether we prepare a contractor's claim or assess one for an employer or engineer.
- Contemporaneous time impact analysisA delay event modelled as a fragnet in the programme update current at the time, to measure its effect on completion.
- Windows and time-slice analysisWindows and time-slice analysis of the programme updates after the event, isolating the critical delay in each period.
- Planned against actual comparisonThe planned sequence compared with what actually happened, used where updates are unreliable but as-built records are sound.
- Claims and dispute supportDelay narratives, prolongation and disruption inputs, and review of the opposing analysis through negotiation, adjudication or arbitration.
Method
The evidence chain
Collect and log the recordWe collect the programmes, updates, progress reports, notices, correspondence, minutes and site diaries, and log what each document can and cannot prove.
Test the programmeThe baseline and each update are tested for logic, constraints and reported progress against the record. Where an update is unreliable, we say so and correct it openly.
Date and source each eventEach event is identified, dated and tied to its source documents and to the risk allocation in the contract.
Trace the critical pathWe establish the critical path in each period and test which events actually drove completion, including any concurrent contractor delay.
Measure the effect on completionThe effect of each event on completion is measured with the method the contract requires or the records best support.
Report what the record provesFindings are reported with every step traceable to a document, so the reader can follow the reasoning and test it.
Independence
Two roles, kept separate.
Clients appoint us in one of two roles, and we never combine them on the same matter.
Party-appointed support
We analyse the records, build the programme and delay evidence, and help you and your counsel prepare and test your position. The analysis is built so the other side can test it.
Independent expert
Where we are appointed as an expert, our duty is to the tribunal or board, agreed in a separate appointment. We do not act as advocate on that matter, and our conclusions do not change with the party that appoints us.
We check for conflicts before accepting any appointment.
Contract practice
Notice periods that shape the record
| Contract | Clause | Rule |
|---|---|---|
| FIDIC Red Book 1999 | Sub-Clause 20.1 | Notice within 28 days of awareness; fully detailed claim within 42 days |
| FIDIC Red Book 2017 | Sub-Clauses 20.2.1 and 20.2.4 | Notice of Claim within 28 days; fully detailed Claim within 84 days of awareness |
| NEC4 ECC | Clause 61.3 | Contractor notifies a compensation event within eight weeks of becoming aware, with stated exceptions |
Particular or special conditions often amend these periods. Always check the signed contract.
Standards and practice
The standards we work to
International
- Society of Construction Law (SCL) Delay and Disruption Protocol, 2nd edition (February 2017)
- AACE International Recommended Practice No. 29R-03, Forensic Schedule Analysis (April 2011 revision)
- FIDIC Conditions of Contract for Construction (Red Book), 1st edition 1999: Sub-Clause 8.4 (Extension of Time for Completion) and Sub-Clause 20.1 (Contractor's Claims)
- FIDIC Conditions of Contract for Construction (Red Book), 2nd edition 2017: Sub-Clause 8.5 (Extension of Time for Completion) and Clause 20 (Employer's and Contractor's Claims)
- NEC4 Engineering and Construction Contract (2017, as amended): clause 15 (early warning) and clauses 60 to 66 (compensation events)
India
- Indian Contract Act, 1872: sections 55, 73 and 74
- Arbitration and Conciliation Act, 1996 (as amended), including section 29A time limits for domestic awards
GCC
- UAE: Civil Transactions Law, Federal Decree-Law No. 25 of 2025 (in force from 1 June 2026), replacing Federal Law No. 5 of 1985
- UAE: Federal Law No. 6 of 2018 on Arbitration
- Saudi Arabia: Civil Transactions Law, Royal Decree No. M/191 (in force from 16 December 2023)
- Saudi Arabia: Government Tenders and Procurement Law, Royal Decree No. M/128 (2019), in force until the new law takes effect, and still the governing law for works and purchases tendered under it
- Saudi Arabia: Government Tenders and Procurement Law, Royal Decree No. M/76 dated 27/2/1448H (10 August 2026), published in the Umm Al-Qura Official Gazette on 4 September 2026 and taking effect 120 days after publication (Article 101)
- Oman: Civil Transactions Law, Royal Decree 29/2013
- Oman: Standard Documents for Building and Engineering Works, 4th edition (based on the FIDIC 4th edition, 1987)
- Oman: Standard Form Contract for Building and Civil Engineering Works (2019, based on the FIDIC 1999 Red Book)
Regional practice
Forensic Planning & Delay Analysis in India and the GCC
India
Indian construction contracts often treat time as not of the essence, so late completion usually leads to compensation under sections 55, 73 and 74 of the Indian Contract Act, 1872. Under section 74, courts award reasonable compensation up to the stated liquidated damages, which need not be strictly proved where loss is hard to show. Disputes commonly proceed to arbitration under the Arbitration and Conciliation Act, 1996, where section 29A sets time limits for domestic awards, so the delay analysis needs to be ready early. Concurrent delay is decided largely on the contract and the facts, so we present findings a tribunal can apply under more than one approach.
United Arab Emirates
Onshore UAE contracts are governed by the Civil Transactions Law, now Federal Decree-Law No. 25 of 2025 from 1 June 2026. The new law is not generally retrospective, but its transitional rules can reach the performance, remedies and limitation periods of earlier contracts, so both codes may matter for a contract signed before that date. A UAE-law tribunal may be able to apportion responsibility where both parties caused delay, rather than following the English approach to concurrency reflected in the SCL Protocol. Disputes are commonly referred to arbitration under Federal Law No. 6 of 2018, at centres such as DIAC in Dubai and arbitrateAD in Abu Dhabi.
Saudi Arabia
The Civil Transactions Law (Royal Decree M/191), in force since 16 December 2023, codifies agreed compensation and the construction contract (muqawala), and includes provisions that can rebalance responsibility where more than one party contributed to harm. For contracts tendered under Saudi Arabia's new Government Tenders and Procurement Law, Article 70 caps delay penalties on works at 15% of contract value, down from 20% under the 2019 law, while the five Article 72 grounds for extension of time and penalty waiver are unchanged, so contemporaneous records linking delay to owner actions, funding shortfalls, suspensions or events beyond the contractor's control remain decisive. Disputes with government authorities are generally heard by the Board of Grievances. Private-sector construction disputes are often arbitrated at the Saudi Center for Commercial Arbitration (SCCA). See what the new procurement law changes.
Oman
Construction contracts in Oman are governed by the muqawala provisions of the Civil Transactions Law (Royal Decree 29/2013). Government works have long used the national Standard Documents for Building and Engineering Works (4th edition). The 2019 Standard Form Contract for Building and Civil Engineering Works, based on the FIDIC 1999 Red Book, removes the adjudication board and lets the parties elect court litigation instead of arbitration. Private contracts often use FIDIC forms and may refer disputes to the Oman Commercial Arbitration Centre, established by Royal Decree 26/2018. Our Oman reference is Hafeet Rail, where our forensic windows analysis separated design-change impacts from concurrent contractor causes and set out a substantiated EOT entitlement.
Our approach
How we approach forensic planning & delay analysis
We start with the records, not the conclusion. The method is chosen to suit the contract, the quality of the programme updates and the question the reader needs answered, and the report explains that choice. Where the records cannot support a finding, we say so. Our conclusions do not change with the party that appoints us.
Experience
Related projects
Hafeet Rail
EOT entitlement and forensic windows analysis on a major rail programme in dispute.
- Forensic windows analysis produced
- Design-change impacts separated from concurrent contractor causes
- EOT entitlement structured and substantiated
Insights
Further reading
Time Impact Analysis vs windows analysis: choosing the right delay method
When Time Impact Analysis is the right delay method, when windows or as-planned vs as-built analysis wins, and what the SCL Protocol expects.
ReadConcurrent delay: the argument you win in month three, not month thirty
A concurrency argument is decided by records made years before the tribunal. Here is the month-three discipline that decides month-thirty disputes.
ReadFAQ
Forensic Planning & Delay Analysis: common questions
What is forensic delay analysis?
Forensic delay analysis is the structured investigation of why a project finished late and which events caused it. It uses the contemporaneous programme and project records to identify the critical path in each period, then measures the effect of each delay event on completion. The result shows who carries the risk for each period of delay, and the evidence behind that finding.
Which delay analysis method should be used?
No single method is correct for every case. The choice depends on the contract, the quality of the baseline and updates, the records available and whether the project is live or complete. The SCL Protocol and AACE RP 29R-03 both describe the options and their limits. We select the method the evidence can support and explain the choice, because a tribunal will test it.
How is concurrent delay treated?
It depends on the contract and the governing law. The SCL Protocol, 2nd edition, treats true concurrency as rare and says contractor delay should not reduce the extension of time due for concurrent employer delay; prolongation cost is a separate question. FIDIC 2017 defers to the Special Provisions, failing which all relevant circumstances. Civil-law tribunals may apportion. We establish concurrency on the evidence first.
When should a forensic planner be engaged?
As early as possible, ideally when a delay event is first noticed. Notice periods are short: FIDIC 2017 requires notice of a claim within 28 days of awareness and a fully detailed claim within 84 days, and NEC4 sets an eight-week limit for notifying most compensation events. Early analysis keeps the record intact and usually makes any later dispute narrower.
How are construction delay claims handled in India?India
Delay claims usually turn on the contract's extension-of-time clause read with the Indian Contract Act, 1872. Where time is not of the essence, late completion does not make the contract voidable under section 55. The remedy is compensation, and under section 74 courts award reasonable compensation up to the stated liquidated damages. Contested claims usually go to arbitration, where section 29A sets time limits for domestic awards.
Does the new UAE Civil Transactions Law affect delay claims?UAE
It can. Federal Decree-Law No. 25 of 2025 replaced the 1985 Civil Transactions Law from 1 June 2026. It is not generally retrospective, but its transitional rules can reach the performance, remedies and limitation periods of earlier contracts. So the governing rules depend on the contract date and the issue. We confirm the position with the client's legal advisers before setting out how delay responsibility is treated.
How does the Saudi Civil Transactions Law affect EOT and delay claims?Saudi Arabia
Since 16 December 2023, Saudi contracts have been subject to a codified Civil Transactions Law (Royal Decree M/191). It recognises agreed compensation, such as delay damages, and includes provisions that can rebalance responsibility where more than one party contributed to harm. The delay analysis therefore needs to separate causes clearly, because a tribunal may look at each party's share rather than an all-or-nothing result.
Which contract form is used for public works in Oman, and does it matter for delay analysis?Oman
Government works in Oman have long used the national Standard Documents for Building and Engineering Works. A 2019 Standard Form Contract, based on the FIDIC 1999 Red Book, drops the adjudication board and lets the parties elect court litigation instead of arbitration. Where a court hears the dispute, the analysis must let a judge, and any court-appointed expert, follow each step from record to conclusion.
Do you act for contractors or employers?
Either. We can prepare extension-of-time submissions for contractors, assess submissions for employers and engineers, or review the other party's analysis in a dispute. The method and conclusions do not change with the appointing party. On Hafeet Rail, a disputed rail programme in Oman, our forensic windows analysis separated design-change impacts from concurrent contractor causes and set out a substantiated EOT entitlement.
Facing a delay dispute or an EOT submission?
Send us the contract, the programme and a short note of the issue. We will tell you what the records can support and which method suits the case before any analysis begins. We work from Chennai and serve clients in India, the UAE, Saudi Arabia and Oman.