How to Do a Great Delay Analysis and What Makes a True Expert
Delay analysis is a means to understand why a construction project took longer than planned and how those delays affected the project.
When things don’t go as planned, everyone involved wants to know what went wrong and who is responsible. A good delay expert uses facts, evidence, and common sense—not just software—to get to the truth.
In this article, we’ll explain how delay analysis works, what makes a delay expert truly qualified, and the best way to carry out an analysis. We’ll also look at lessons from real court cases to understand what experts should and shouldn’t do.
What Is Delay Analysis?
Delay analysis is like being a detective for construction projects. It’s about figuring out:
What caused the delay—For example, was it bad weather, procurement, a latent condition, or something else?
How the delay affected the project—Did it impact the overall finish date or other important tasks?
Who is responsible—Was it the contractor, a supplier or the client?
The key to a great analysis is using facts and evidence to explain what happened. If the analysis isn’t based on real data, it won’t hold up in court or help resolve disputes.
Lessons from Real-Life Court Cases
Courts around the world have reviewed delay analyses and made clear what they expect from experts. Here are some key lessons:
1. Use Evidence, Not Just Software
In White Constructions Pty Ltd v PBS Holdings Pty Ltd (Australia, 2019), the judge criticized experts who relied too much on complex methods but couldn’t explain their findings clearly. The court said common sense and evidence matter more than fancy tools.
2. Check Your Facts
In Great Eastern Hotel v John Laing Construction (UK, 2005), the court rejected an analysis because the expert didn’t double-check the facts. The lesson? Experts need to verify every piece of data they use.
3. Reflect Reality, Not Theory
In Leighton Contractors v South Australian Superannuation Fund (Australia, 1996), the court dismissed a delay analysis because it was too theoretical. It didn’t reflect what actually happened.
4. Be Clear and Logical
In Thomas Barnes & Sons v Blackburn Council (UK, 2022), the court said experts must explain their reasoning clearly. If an expert changes their method, they need to explain why.
If an expert: “selects a method which is manifestly inappropriate for the particular case, or deviates materially from the method...without providing any, or any proper, explanation, that can be a material consideration in deciding how much weight to place on the opinions expressed by the expert.”
“The best delay analyses are based on facts, evidence, and logical reasoning—not just programs or theories. ”
What Makes a Great Delay Expert?
A delay expert is someone who understands both construction and delay analysis. They need:
1. Construction Knowledge
They should know how projects are planned and built. There is no replacement for experience.
They must understand the interdependencies between sequences of activities.
2. Analytical Skills
They should be good at examining programs and identifying delays.
They must be able to connect causes with effects.
3. Legal Awareness
They should know what construction contracts say about delays and responsibility.
They need to understand how tribunals and courts review evidence.
4. Clear Communication
They should explain their findings in simple, logical terms that anyone can understand.
A good expert avoids using overly technical jargon.
5. Impartiality
A true expert is objective. They don’t take sides or make conclusions that aren’t substantiated by evidence.
How to Do a Great Delay Analysis
Here’s how a delay expert should tackle the job:
Step 1: Gather the Right Evidence
Good delay analysis starts with facts. Experts should collect:
Project Programs: The original plan (baseline) and the actual timeline (as-built).
Short-term Programs: or resource allocation sheets.
Daily Site Diaries: Notes about what happened on-site each day, including weather and progress.
Contracts: Documents that outline responsibilities and deadlines.
Variations / Instructions: Documents relating to scope change.
Emails and Letters: Communications about problems, changes, or delays.
Delivery Records: Proof of when materials or equipment arrived.
Weather Reports: Evidence of bad weather that could have stopped work.
Step 2: Spot the Delay
Compare the original program with what actually happened. Look for:
Tasks that started late or took longer than planned.
Delays on critical tasks that affected the project’s date for completion.
Step 3: Find the Cause
Once you identify the delay, figure out why it happened. Ask questions like:
Was it bad weather?
Were materials delivered late?
Were there enough workers on-site?
Did someone change the project plan?
Each cause should be supported by evidence, like emails, delivery notes, or site diaries.
Step 4: Measure the Impact
Next, calculate how much time the delay added to the project. Focus on the critical path—the tasks that must be completed on time to keep the project on schedule.
For example:
Cause: A storm stopped work for three days.
Effect: The critical path tasks were delayed, pushing back the project by three days.
Step 5: Explain Your Findings Clearly
A delay expert must present their findings in a way that makes sense to everyone. Use plain language and show evidence for every conclusion. For example:
“The project was delayed by two weeks because the steel beams arrived late. Delivery records show they arrived on [date], which delayed critical path tasks.”
Why Facts and Common-Sense Matter More Than Software
Delay analysis software can be useful, but it’s not a magic solution. Courts have criticised analyses that rely too heavily on programs without considering the facts. Here’s why:
Programs Can’t Think: They process data but can’t decide if the data is accurate.
Garbage In, Garbage Out: If the input data is wrong or incomplete, the output will also be wrong.
Things don’t go according to plan: Programs represent the planned intent, but projects often don’t follow the planned intent.
A good delay expert uses software as a tool but always relies on common sense, experience and evidence to form an opinion.
The best delay analyses are based on facts, evidence, and logical reasoning—not just programs or theories. A true delay expert gathers comprehensive evidence, checks facts, and explains their findings clearly and concisely. Courts value transparency and practicality, so a strong analysis focuses on what really happened and how it affected the project.
If you’re dealing with delays on your project, make sure your expert understands construction, has the right experience, and uses evidence to back up every conclusion.
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