Vident Partners provides vetted construction delay expert witnesses for cases involving schedule impact analysis, critical path method disputes, delay damages quantification, liquidated damages defense, and concurrent delay allocation in commercial and public works construction litigation. Request a referral today.
Find a Construction Delays Expert →Overview
Construction delay experts analyze project schedules, identify the causes and responsibility for delays, and quantify the resulting damages in construction disputes. Delay claims are among the most complex and highest-value issues in construction litigation, often involving millions of dollars in extended general conditions, liquidated damages, lost productivity, and consequential damages.
The foundation of construction delay analysis is the Critical Path Method (CPM). Delay experts evaluate baseline schedules, schedule updates, contemporaneous project records, daily logs, correspondence, and change orders to determine which activities were on the critical path, what caused delays to those activities, and which party bears responsibility. AACE International Recommended Practice 29R-03 (Forensic Schedule Analysis) is the primary technical reference for delay analysis methodology in U.S. construction litigation, describing nine accepted methodologies — including as-planned vs. as-built, impacted as-planned, collapsed as-built, and time impact analysis — along with the criteria for selecting among them 1. The Society of Construction Law Delay and Disruption Protocol (2nd ed., 2017) provides complementary international guidance on extension-of-time entitlement and disruption compensation 2.
Common delay analysis methodologies each have different applications and limitations, and experts must select and apply the appropriate method based on the available schedule data and the nature of the delay claims. These experts also address concurrent delay (where multiple parties contribute to delay simultaneously), acceleration claims (where the contractor incurred extra costs to overcome delays), and cumulative impact and loss of productivity. The Planning and Scheduling Professional (PSP) certification from AACE International is the recognized credential for forensic schedulers 3.
AACE International Recommended Practice 29R-03 describes nine accepted forensic schedule analysis methodologies and is the primary technical reference for CPM delay analysis in U.S. construction disputes.
Case Types
Critical path delay analysis and schedule impact claims
Liquidated damages defense and enforcement disputes
Concurrent delay allocation between owner and contractor
Construction acceleration and lost productivity claims
Public works delay claims under federal and state construction statutes
Qualifications
Related Specialties
FAQ
A construction delay expert should hold PSP (Planning and Scheduling Professional) certification from AACE International, have extensive experience in CPM schedule analysis and forensic schedule review, and be proficient in Primavera P6 and other scheduling software. Experience as a project scheduler or construction manager on large commercial or public works projects is essential.
Construction delay experts are needed in claims involving project completion delays, liquidated damages disputes, contractor acceleration and lost productivity claims, concurrent delay allocation, change order impact analysis, and any construction dispute where the timeline and causes of schedule slippage must be established through forensic analysis.
In general, construction expert fees are determined by the expert themselves, based on a variety of criteria. Among those criteria are professional experience, forensic experience, industry certifications and licensure, project complexity expertise, and publications. Vident does have some influence over expert fees by comparing experts within a specialty, but ultimately it is a personal decision by the expert.
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