Delays are the main reason for major disruptions on major projects. They can lead to significant overcosts and possibly prevent the achievement of the expected performances. Our analysts offer a retrospective look at pathological project events. We point out the root delay causes and apportion the responsibilities of each individual stakeholder.
Delay Analysis’ black box
Delay analysis have become essential in the development of a defense strategy, both in pre-litigation and litigation. However, they may suffer from opacity for stakeholders, especially for legal advisers. But legal counsels should be able to fully grasp the essence of the analysis.
Our analysts are committed to share their technical and methodological knowledge, with relevance, to allow the legal advisors to strengthen their strategy. We thus propose dedicated trainings on demand for lawyers and in house legal advisors.
Enlightening our methodological choices
During negotiations, arbitration, or in front of a court, delay analysis prepared by the various parties involved can lead to contradictory results, generally following the specific interest of each party. These differences can be explained by the various methodological choices supporting the analysis.
Our analysts’ skills lie in their creativity and their rigor to build the methodological combinations relevant for each study. Indeed, each project is unique with specific issues at stake.
The methodological mastery of our analysts is due to their technical and forensic skills. We combine in-depth knowledge of engineering and construction issues with a relevant hybridization of methodologies already recognized in pre-litigation and litigation.
Simplifying the strategical decision making with delay analysis
MAREEX’s delay analysis can be performed either as a part of a claim management or dispute resolution assistance or as a specific activity.
Our reports provide a solid analysis to our clients which strengthens their defense in front of the counterpart, abitrators or judges. The scope of our analysis lies in our ability to make technical and complex questions limpid. We offer a clarity that facilitates the communication between our clients and their legal advisors.
The range of our analysis allows altogether to potentially extend the defense possibilities and to anticipate the allegations from the counterpart. Thus, we assure you to deliver reports that are usable at any development stage of a dispute.
Our customers benefit from receiving as soon as possible our results to fine tune their strategy in the context of a claim of a contentious file. MAREEX’s experts address their needs from the feasibility stages, through the progressive delivery of results with probative and strategical value.
MAREEX +++ convincing visual representations
The elaboration of narratives is key to the construction of a defense. We have developed a visualisation representation solution, specifically for delay analysis. At a glance, or animated graphical representations evidence the connection between the schedules and the material systems and construction involved. Created by MAREEX’s engineers and forensic experts, these animations are used to better communicate with your clients. They also help to define strategical options. They assist you in convincing any stakeholder, from negotiation table to court.
A logical approach in Delay Analysis
We perform delay analysis as a service or within a wider scope also including claim management and dispute resolution. All our forensic studies combine a broad approach of scheduling and a refined analysis of critical aspects. Our goal is to establish facts.
Using common sense
Above all, a delay analyst has to make use of common sense. We initiate every study with an examination of the project environment to understand the issues at stake. As consultants, being external to the project, we are able to oversee complex topics on extended time periods.
Through our analysis our aim is to answer the following questions:
- What should have happened, according to as-planned programme?
- However, what has actually happened, according to as-build programme?
- Which are the reasons for the occurred events?
- Who is responsible for the observed changes?
- What are the consequences on scheduling and cost?
When choosing a MAREEX delay analysis, you select a full analysis. We consider the full set of programme indicators used in a delay analysis. Thanks to the available documentation ant to the interviews we perform with the key project individuals, we study and identify:
- critical path and subcritical paths
- each delay generating or disrupting event, whether critical, subcritical or not critical
- the full set of programme indicators.
We consider the logics of each discipline involved in major projects, thanks to our knowledge in engineering. Our studies rely on logic and facts while considering the applicable law and initiating the quantum analysis.
Our experts are familiar with most common Project Management Software (Primavera P6, MS Project, etc.). We have our own licenses which allows us to use them without delay for any mission. We are also able to prove any manipulation and falsification to which the documentation could have been subject. Furthermore, we systematically ensure the authenticity of the data we use.
MAREEX’s success: driving to the truth
For the construction of a 24 Billion dollars Metro Project, a consortium had been formed with a railway entity and a civil construction entity acting as consortium leader. Through the consortium agreement, the entity which was found the “most responsible” for the delay was responsible for the payment of the entire damages. After the project had been delayed by two years, the customer announced its willingness to apply liquidated damages which created a conflicting atmosphere within the consortium.
Thanks to an exhaustive delay analysis, MAREEX experts highlighted the strengths and weaknesses of each of the two consortium entities, as well as their real impact on the project planning. We were able to prove that the civil engineering entity had carried out numerous planning manipulations, aiming to attribute the responsibility for the delay to the railway entity. Our demonstration led to a drastic reduction in its liability for the overall delay, allowing our client to defend their position within the consortium and in front of the client.