Forensic Analysis for Assessment of Delay/Extension of Time and Quantum

Changes to the circumstances envisaged by and dealt with in a contract almost inevitably lead to changed costs for one or other of the parties.

The fundamental basis for the identification and evaluation of any change(s) to the envisaged circumstances is an accurate analysis/description of the nature of the change – and this must be supported by as much corroborating evidence as is reasonably possible if the party seeking cost redress (or the party seeking to avoid claimed redress) is to be successful.

The collection, interpretation and representation of this evidence in a manner which would be acceptable to a court of law (i.e. in a forensic manner) requires considerable skill and experience if a party is to put its case in the best possible way to the other side.

The interpretation and analysis of the evidence must be carried out in a way which reveals the true causes of the changes to the party’s operations and the inescapable effects which those changes had upon the costs incurred by the party.

In order to establish the true position – which will allow its client to make fully informed decisions – Harris Consulting International specialises in carrying out:

• the detailed forensic identification and description of change
• the meticulous collection and presentation of evidence, and
• the proper interpretation and analysis of such evidence.

Whilst these principles and procedures are equally applicable (and sometimes required) with respect to variations ordered by the Employer (which are usually within the contemplation of the contract), it is more often the case that they are required when the changed circumstances are not so readily apparent, or there are a large number of changes affecting the contract works at the same time.

In such cases lengthy delays and/or considerable additional cost are the likely consequence(s), and the parties are likely to hold differing views on the extent to which liquidated damages are applicable.

In respect of any such changes, Harris Consulting International specialises in:

• determining the true quantum (i.e. in assessing the justifiable compensation due) under the contract, and
• determining the correct period by which the contract should be extended (i.e. determining the correct EOT or ‘extension of time’) for the purposes of the application of liquidated damages.