Delay Claims Analysis
Every construction dispute eventually reduces to three questions. What actually happened, who caused it, and what did it cost.
We answer those questions with contemporaneous documentation, defensible schedule analysis, and quantified cost impact, in a form that supports negotiation and survives cross examination if negotiation fails.
What happened, who owns it, and what it cost
Most delay claims fail on evidence rather than on merit. A contractor genuinely delayed by an owner may lose because they never gave notice, never documented the impact contemporaneously, or reconstructed a schedule analysis after the fact that does not match the daily reports. Owners lose for the mirror image reasons.
Our work is to build the factual record first and form the opinion second.
Entitlement before quantum
The first question is never how much. It is whether the claiming party is entitled to anything at all under the contract. That requires reading the change clause, the notice provisions, the differing site conditions clause, the delay and suspension provisions, and the specific facts against them. A well quantified claim with no entitlement is worth nothing, and we would rather tell a client that early.
Schedule analysis methodology
We perform the analysis the contract and the forum call for, and we say plainly which method we used and why.
- Contemporaneous time impact analysis. Inserting the delay event into the schedule current at the time it occurred. Generally the most persuasive method where the schedule updates are reliable.
- Windows analysis. Dividing the project into periods and analyzing critical path movement within each. Effective when multiple concurrent events are present.
- As-planned versus as-built. Comparing the planned sequence to what actually occurred. Useful where schedule updates are poor or missing, though less rigorous.
- Collapsed as-built. Removing delay events from the as-built schedule to model what would have happened without them.
Concurrency
Concurrent delay is where most claims are won and lost. When both parties caused delay in the same period, the typical result is a time extension without compensation. Establishing or rebutting concurrency requires granular, day level analysis of what was actually controlling the critical path, and that analysis lives in the daily reports, not in the schedule software.
Cost impact
We quantify direct costs, extended general conditions and field overhead, unabsorbed home office overhead where the jurisdiction permits it, escalation, loss of productivity, and acceleration costs. Productivity loss claims in particular require a defensible measurement approach, and we use measured mile analysis wherever the data supports it rather than relying on industry study factors.
Change order negotiation
Not every dispute needs a claim. Much of our work is upstream: evaluating change requests for entitlement, quantity, pricing, and time impact, and supporting owners in negotiation before positions harden. Resolving a change at the field level costs a fraction of resolving it through counsel.
Claims capabilities
- Entitlement analysis against contract terms
- Notice and documentation compliance review
- Contemporaneous time impact analysis
- Windows and as-planned versus as-built analysis
- As-built schedule reconstruction from field records
- Concurrent delay evaluation
- Extended general conditions calculation
- Loss of productivity and measured mile analysis
- Acceleration and constructive acceleration analysis
- Differing site conditions evaluation
- Change order pricing analysis
- Claim preparation, response, and rebuttal
- Mediation and settlement support
- Expert report preparation and testimony
What you receive
Every engagement is scoped in writing before it begins, so you know exactly what is being produced and when.
Entitlement opinion
A written analysis of whether the claim is supported by the contract terms, the notice record, and the facts, delivered before significant quantum work begins.
Schedule analysis report
Full delay analysis using the appropriate methodology, with the critical path movement documented period by period and concurrency addressed directly.
As-built schedule
A reconstructed as-built schedule built from daily reports, photographs, pay applications, and correspondence rather than from recollection.
Cost impact quantification
Direct costs, extended overhead, productivity loss, escalation, and acceleration, each calculated with a stated methodology and supporting data.
Claim or response document
A complete, organized submission or rebuttal with narrative, analysis, and indexed supporting documentation.
Expert report
When a matter proceeds, a report meeting the disclosure requirements of the forum, supported by testimony. See expert witness.
Questions owners ask about this service
How early should we bring in a claims analyst?
Before you need one. The single strongest predictor of outcome is the quality of the contemporaneous record: notices given on time, daily reports that describe actual conditions, schedule updates that reflect reality. We are often engaged during construction specifically to make sure that record exists.
Do you work for owners or contractors?
Predominantly owners and public agencies, and their counsel. We will consider contractor side engagements where there is no conflict, and we apply the same analytical standard either way. An analysis that only works from one direction is not an analysis.
Can you analyze a claim on a project that finished years ago?
Yes, subject to the available record. Analysis of a completed project depends on what documentation survived: schedule updates, daily reports, correspondence, pay applications, and photographs. We will assess the record and tell you candidly what can and cannot be established from it.
What does a delay analysis cost?
It scales with project duration, the number of delay events, and the state of the documentation. A focused analysis of a single event on a well documented project may take a few weeks. A multi year project with poor records and concurrent claims takes considerably longer. We scope it in phases so you can stop after the entitlement opinion if the answer is unfavorable.
Talk to us about Delay Claims Analysis
Send us the project details and we will tell you what a defensible scope of work looks like and what it would cost. Initial consultations carry no fee.
Send us the project
Tell us the site, the scope, and the deadline. Initial consultations carry no fee and no obligation.