Factor 2: Purpose of Analysis

Generally, the purpose of forensic schedule analysis is to quantify delay, determine causation, and assess responsibility for such delay. Forensic schedule analysis studies how specific events impact a project schedule. Thus, the forensic schedule analyst uses contemporaneous project documentation to determine which events may have caused delay (including event identification, start and complete dates, activities impacted by the event, etc.). The forensic schedule analyst then applies these events in some orderly manner to the schedule employed on the project. Once the events are added to, removed from or otherwise identified in the schedule, then a determination can be made concerning whether any or all of the events caused the project to complete later than planned. From this determination, assessment of causation and liability can be made based on the terms and conditions and the law of the contract. With respect to a particular project, the purpose of forensic schedule analysis is to determine which party is entitled to time extensions as a result of certain events. Once the forensic schedule analyst has assessed the events that occurred on the project then consideration must be given to issues such as concurrent delay, pacing delay, delay mitigation, etc. If the forensic schedule analyst, for example, is investigating whether concurrent delay is a major factor in the analysis of project delay, then the choice of method will be limited to those methods, which specifically provide for concurrent delay identification and analysis. The forensic schedule analyst may be more likely to recommend one of the observational dynamic or modeled methods. If the purpose of the forensic schedule analysis is to demonstrate only excusable, non-compensable delay, numerous methods are available since the forensic schedule analyst will probably not need to deal with concurrent delay. If the purpose is to demonstrate compensable delay, other methods may be more appropriate. If the forensic schedule analyst needs to document the

contractor’s ability to complete work early in order to document a delayed early completion claim, again some schedule delay analysis methods may be better than others.

Even more specific purposes for forensic schedule analysis may be required. For example, the forensic schedule analysis may be required to justify entitlement to a time extension resulting from a particular change order. A request for equitable adjustment may require a detailed forensic schedule analysis when it is to be presented to a dispute review board or as part of a rebuttal response to claims by another party.

June 25 2007

3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8

Non-Compensable

Time Extension OK OK OK OK OK OK OK OK

Compensable Delay OK OK OK OK OK OK

Right to Finish Early

Compensable Delay OK Entitlement to Early Completion Bonus OK OK OK OK OK OK OK OK Disruption Without Project Delay OK OK OK OK OK OK OK Constructive Acceleration OK OK OK Forensic Use of Analysis M E T H O D

Table 5 –Some Methods are Better Suite for Certain Purposes Than Others 5.3 Factor 3: Source Data Availability and Reliability

As discussed in this RP and emphasized heavily in the source validation protocols, the choice of a particular forensic scheduling methodology is substantially influenced by the availability of source data which can be validated and determined reliable. If, for example, the project records show that there exists only a baseline schedule but no schedule updates for the duration of the project, then the observational methods 3.3 and 3.4 cannot be utilized

As a result, it is incumbent on the forensic schedule analyst to first determine the amount of

contemporaneous project documentation available. As a second step, the forensic scheduler needs to review a sufficiently large sampling of the project documentation to determine if the data is reliable. Once these two reviews have been completed, then the forensic scheduler can formulate a plan for the forensic scheduling effort and make a recommendation concerning which forensic schedule analysis method should be employed on the claim.

3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8

Baseline Schedule Need Need Need Need

Schedule Updates Need Need

As-Built Record Need Need Need Need

Source Schedules or Data

M E T H O D

Table 6 – Source Data Validation Needed for Various Methods 5.4 Factor 4: Size of the Dispute

June 25 2007 One of the primary factors the forensic scheduler must keep in mind is the size of the dispute or the amount in controversy. In most situations, the choice of the forensic schedule analyst is constrained by how much a client is prepared to spend to increase the probability of successful resolution of the dispute. This is most often determined by how much money is at stake. For example, if the delay damages being sought by the client are approximately US$100,000 then the forensic schedule analyst should

recommend a relatively inexpensive forensic scheduling method which is still effective for its intended purpose. On the other hand, if the delay damages sought are US$50,000,000 then the range of methods to be considered is substantially expanded because of the greater scope and costs associated with analyzing a substantially larger claim. The forensic schedule analyst needs to recommend a forensic schedule analysis method that is both cost effective and suitable for the size of the dispute.