Delay Analysis
Delay analysis that works for contractors.
Delay analysis is the forensic engine behind extension of time claims and liquidated damages defences. CALIM provides contractor-side delay analysis across construction projects in Qatar, UAE, and the broader GCC - using methodologies that hold up under scrutiny and that your legal team can rely on in proceedings.
The Discipline
What delay analysis is - and why it matters on construction projects.
Delay analysis is the forensic examination of a construction programme to determine why a project finished late, how much delay was caused by each party, and what effect delay events had on the critical path. It forms the evidential foundation for extension of time claims, liquidated damages defences, and disruption cost recovery.
In Qatar and UAE construction contracts - predominantly FIDIC-based, with increasing use of NEC and bespoke EPC forms - delay analysis is the mechanism by which an extension of time claim transitions from a narrative assertion to a substantiated entitlement. Without a defensible delay analysis, an EOT claim is an opinion. With one, it becomes a documented position.
The critical path is central to all delay analysis. A delay that does not affect the critical path does not extend the completion date. Delay analysis must therefore begin with a reliable baseline programme, track actual progress against that baseline, and identify which delay events actually drove the completion date - not simply which events were inconvenient.
Methodologies
The principal delay analysis methodologies used on GCC projects.
CALIM selects methodology based on the quality of available records, the contract requirements, and the forum in which the analysis will be used.
As-Planned vs As-Built
RetrospectiveCompares the original contract programme against the actual progress recorded during construction. This method establishes where and when delays occurred by overlaying the two programmes and identifying divergences. It is the most accessible methodology when contemporaneous records are available but the as-built programme requires reconstruction.
Best suited to projects with clear baseline programmes and reasonable site daily record documentation.
Time Impact Analysis (TIA)
Prospective / ContemporaneousAnalyses the impact of specific delay events on the programme at the time they occurred. A fragnet - a short programme segment representing the delay event - is inserted into the programme at the point in time the event occurred, and the resulting effect on the completion date is measured. TIA is generally preferred by courts and tribunals for its logical rigour.
Best suited to projects where delay events were tracked contemporaneously and where the delay notification obligation was maintained.
Windows Analysis
RetrospectiveDivides the project period into defined windows and analyses the programme and progress within each window separately. Each window produces its own critical path analysis, showing the causes of delay within that period. Windows analysis is more granular than as-planned vs as-built and handles programme revisions and concurrent delay more robustly.
Best suited to complex projects where the baseline programme was revised multiple times during construction.
Collapsed As-Built (But-For)
RetrospectiveStarts with the as-built programme and removes identified delay events to calculate what the completion date would have been but for those events. This methodology is favoured when a contractor is demonstrating that employer-caused delays were the dominant cause of project lateness. It is used carefully as it is susceptible to challenge if delay events are not well-evidenced.
Best suited to disputes where a contractor is seeking to isolate the employer's contribution to critical delay.
Key Concepts
Critical path and concurrent delay explained.
Critical path analysis
The critical path is the sequence of activities that determines the overall project completion date. An activity is critical if any delay to it directly delays completion. Delay analysis requires establishing the critical path at the relevant point in time - not just as planned at contract award, but as it actually evolved during construction. Programme revisions, acceleration, and resequencing can all shift the critical path, and a delay analysis must account for each of those shifts.
Concurrent delay
Concurrent delay arises when a contractor-caused delay and an employer-caused delay both affect the critical path during the same period. In GCC jurisdictions, concurrent delay is a significant issue in both extension of time claims and liquidated damages defences. Where genuine concurrency exists, the employer's ability to apply LD is typically reduced or extinguished, and the contractor's entitlement to additional cost recovery during that period is limited. Establishing or defeating a concurrent delay argument requires precise programme analysis - not a general assertion.
CALIM's position
CALIM provides delay analysis from the contractor's perspective. We are not neutral experts. We build the strongest defensible analysis of the contractor's entitlement, using the available programme data and site records. Where that analysis is used in proceedings, it is prepared with the rigour required to withstand scrutiny from an employer's expert and a tribunal.
When to Engage
When does a contractor need delay analysis?
Extension of time claim preparation
When preparing a formal EOT claim under FIDIC Sub-Clause 20.1 or equivalent, delay analysis quantifies the entitlement and provides the forensic evidence to support it.
LD deduction defence
When an employer has applied or threatened to apply LD, delay analysis identifies whether employer-caused concurrent delay reduces or eliminates that entitlement.
Disruption and prolongation cost claims
When claiming additional cost associated with delayed completion, delay analysis establishes the causal link between the employer's acts and the cost impact.
Final account negotiations
When negotiating the final account at close-out, a documented delay analysis provides an evidenced position that is materially stronger than a narrative summary.
Common Questions
What contractors ask about delay analysis.
What are the main delay analysis methodologies?
The principal methodologies used in GCC construction disputes are as-planned vs as-built, time impact analysis (TIA), windows analysis, and collapsed as-built (but-for analysis). The Society of Construction Law Delay and Disruption Protocol provides guidance on methodology selection. CALIM selects the appropriate methodology based on the quality of available records, the contract's notice requirements, and the forum in which the analysis will be deployed. There is no universally superior methodology - the right choice depends on the specific facts and the state of the available evidence.
What is the difference between as-planned and as-built analysis?
As-planned vs as-built analysis is a retrospective methodology that compares the contract baseline programme with the actual programme as constructed. It is simpler to explain and understand than TIA or windows analysis, and it provides a clear picture of where slippage occurred. Its limitation is that it does not naturally identify the causes of individual delay events, and it can be challenged on the basis that it treats the as-built programme as a uniform record when in reality progress was non-linear. Where records are strong and the baseline programme was maintained throughout construction, it remains a widely used and accepted methodology in the GCC.
How long does a delay analysis take?
The timeline depends on the complexity of the project, the duration of the delay period, the state of the available records, and the methodology selected. For a straightforward EOT claim on a single-trade subcontract, a focused delay analysis can be completed in two to three weeks. For a large EPC project with multiple concurrent delay events and a disputed baseline programme, a comprehensive delay analysis report may take eight to twelve weeks. CALIM will confirm a realistic timeline after a brief records review. Do not let the timeline deter you from starting - early engagement produces better evidence.
Does CALIM provide expert witness services?
CALIM's primary positioning is as a contractor-side commercial adviser, not as a neutral expert witness. We prepare the delay analysis that supports a contractor's claim or defence, and we work alongside legal counsel in arbitration and dispute resolution proceedings. Where proceedings require a formally appointed independent expert, CALIM can recommend suitably qualified individuals with appropriate independence. [TINS: confirm expert witness referral position with legal team]. Our commercial delay analysis documents are prepared to the standard required to withstand challenge from an opposing expert, which is what makes them effective in negotiation before any formal expert appointment is needed.
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