Services – ForensX

Delay & Programming

We provide expert witness services in relation to project planning, programming and delay to support legal, commercial, and contractual decision making as well as dispute resolution proceedings. We specialise in the forensic analysis, valuation and presentation of expert submissions arising from complex, high-value projects across among others oil & gas, offshore, onshore and floating wind farms, solar farms, transport, utilities, energy, process, residential commercial development, data centres and public infrastructure. (may be repletion? But may be needed in case people only read this tab?)

We establish the clear impact of delay, disruption, acceleration, change, prolonged performance and termination and are regularly appointed to analyse claims and counterclaims, test competing expert opinions and deliver clear, objective evidence on causation.

Our experts act across all major dispute resolution forums, including litigation, arbitration, adjudication, dispute adjudication boards (DAB), mediation and expert determination. Typical instructions include:

Forensic Delay Analysis: Detailed examination of project delays to identify critical impacts
Causation Analysis: Assess the root causes of delays and support legal professionals in evaluating liability
Forensic Investigation: Rigorous analysis of project records to establish a robust factual basis for evidence-based opinions
Forensic Planning, Programming & Performance Review: Comprehensive review of project schedules/ programmes, and performance against contractual obligations
Project Completion Forecasting: Prediction of project completion date under varying scenarios based on evidence
Prolongation, disruption and acceleration analysis: Quantification and assessment of time impacts due to project changes and disruptions
COVID-19 Impact Assessment: Evaluation of pandemic-related delays and implications on project schedule and claims
Dispute Avoidance & Resolution Strategy: Development of strategies to prevent disputes and manage extension of time submissions/ claims efficiently, including case management
Support in Amicable Settlement Proceedings: Assistance in negotiations and settlement discussion to achieve favourable outcomes
Forensic Review & Rebuttal: Critical analysis and rebuttal of opposing independent expert or claims reports
Training & Presentations: Tailored workshops and presentation on delay analysis, claims management and dispute resolution

We combine deep sector knowledge in construction, energy and infrastructure delivery with delay analysis, project programme and planning, construction management and contract interpretation to ensure that our opinions are technically sound, contractually grounded and commercially credible.

Above all, we are known for our independence, clarity and resilience under cross-examination, delivering expert evidence that assists tribunals in reaching fair, reasoned and well-supported decisions on delay. We focus on practical and pragmatic solutions and opinions and consciously avoid theoretical possibilities.

Our Delay Analysis Methodologies

We apply rigorous, recognised methodologies selected to suit the nature of each dispute, the dispute resolution forum, the quality of records available and the applicable legal and contractual framework. Our approach is evidence-led, transparent and fully explainable before a tribunal, legal team or clients.

Typical methodologies include:

As-planned versus As-built Windows Analysis
Time Slice Windows Analysis
Retrospective Longest Path Analysis
Time Impact Analysis (TIA)
Collapsed As-built Analysis
Impacted As-planned Analysis

All opinions are supported by contemporaneous project records, cost data, programmes, site reports and commercial documentation. We clearly separate entitlement, causation and quantum to ensure analytical integrity and legal robustness.

Integrated Delay & Quantum Support

Quantum and disruption cannot be reliably assessed without a clear understanding of time, sequence and causation. Our quantum experts work closely with delay and programming experts to ensure full integration between:

Delay analysis and prolongation costs
Disruption, productivity loss and critical path events
Acceleration measures and time mitigation
Change-driven delay and out-of-sequence working

This fully integrated approach ensures that financial impact is directly linked to established delay and disruption causation, delivering expert opinions that are technically aligned and legally defensible.

Quantum & Disruption

We provide expert witness services in relation to quantum and disruption to support legal, commercial, and contractual decision making as well as dispute resolution proceedings.

Our Quantum and Disruption team provide independent, tribunal-ready expert services for the construction, energy and infrastructure sectors. We specialise in the forensic analysis, valuation and presentation of expert submissions arising from complex, high-value projects across among others oil & gas, offshore, onshore and floating wind farms, solar farms, transport, utilities, energy, process, residential commercial development, data centres and public infrastructure. (may be repletion? But may be needed in case people only read this tab?)

We establish the clear financial consequences of delay, disruption, acceleration, change, prolonged performance and termination and are regularly appointed to analyse and quantify claims and counterclaims, test competing expert opinions and deliver clear, objective evidence on quantum and financial causation.

Our experts act across all major dispute resolution forums, including litigation, arbitration, adjudication, dispute adjudication boards (DAB), mediation and expert determination. Typical instructions include:

Forensic Cost Analysis: Detailed examination of project cost to identify cost variances
Causation Analysis: Assess the root causes of cost variances and support legal professionals in evaluating liability
Forensic Investigation: Rigorous analysis of project records to establish a robust factual basis for evidence-based opinions to enable better decision making for clients
Project Cost Forecasting: Calculation of project completion costs under varying scenarios based on evidence
Dispute Avoidance & Resolution Strategy: Development of strategies to prevent disputes and manage cost submissions/ claims efficiently, including case management
Rectification of defects: Work closely with technical and planning experts to establish or estimate the cost associated with technical proposals to rectify defects
Loss and Expense claims including prolongation, disruption, acceleration: Quantification and assessment of extended site preliminaries (site management, supervision, welfare, plant, etc.), head office overhead recovery, additional labour, plant, or materials, inefficiency and productivity loss, acceleration costs, finance charges or increased cost of working, etc.

Variations, change management and final account disputes: Evaluation of the entitlements associated with these issues
Termination, suspension and insolvency-related losses: Evaluation of the cost associated with these issues
Measurement of damages arising from breach of contract: Evaluation of damages arising from a breach of contract
Support in Amicable Settlement Proceedings: Assistance in negotiations and settlement discussion to achieve favourable outcomes
Forensic review and rebuttal of opposing quantum reports: Critical analysis and rebuttal of opposing independent expert or claims reports
Training & Presentations: Tailored workshops and presentation on quantum analysis, claims management and dispute resolution

We combine deep sector knowledge in construction, energy and infrastructure delivery with quantity surveying, commercial management, cost engineering, construction management, programme integration and contract interpretation to ensure that our opinions are technically sound, contractually grounded and commercially credible.

Above all, we are known for our independence, clarity and resilience under cross-examination, delivering expert evidence that assists tribunals in reaching fair, reasoned and well-supported decisions on quantum. We focus on practical and pragmatic solutions and opinions, and consciously avoid theoretical possibilities.

Our Disruption & Quantum Methodologies

We apply rigorous, recognised methodologies selected to suit the nature of each dispute, the quality of records available and the applicable legal and contractual framework. Our approach is evidence-led, transparent and fully explainable before a tribunal, legal team and clients.

Typical methodologies include:

Prolongation Cost Analysis – time-related cost recovery
Disruption and Inefficiency Modelling – labour and resource impact
Measured Mile Analysis – for productivity and disruption assessment
Total Cost and Modified Total Cost Analysis – where records require it
Acceleration Cost Evaluation – instructed and constructive acceleration
Change and Variation Valuation – contract-based measurement
Termination and Final Account Valuation – including re-procurement losses

Integrated Delay & Programming Support

Quantum and disruption cannot be reliably assessed without a clear understanding of time, sequence and causation. Our quantum experts work closely with our delay and programming experts to ensure full integration between:

Delay analysis and prolongation costs
Disruption, productivity loss and critical path events
Acceleration measures and time mitigation
Change-driven delay and out-of-sequence working

Technical: Architecture & Engineering

Disputes invariable have a technical issue at their core, and that’s not only defective design or workmanship, but it could be alleged design development which is really a contractual change (or vice versa), late information, procrastination over design approvals, conflicting design parameters, inadequate change management control and much more. A competent technical expert with relevant experience is therefore essential, to identify the issues, investigate and opine on them in a readable and user-friendly manner.

ForensX’s technical experts will provide clear and concise opinion on such issues within a dispute in the form of clear and concise reports. We are instructed on a wide range of disputes including issues related to all stages of a project – from design, through construction to post-handover maintenance – investigating alleged design and/or workmanship defects, interrogating documentation and identifying alleged non-compliances.

ForensX can provide technical experts across as wide range of disciplines, all of whom have extensive professional experience of the issues that they are instructed to opine on.

Our areas of technical expertise include:

Architecture
Civil & Structural Engineering
Mechanical and Electrical Engineering
Energy and Environmental Engineering

Our Services include:

Expert advisory and witness services
Comprehensive technical investigations, analysis and evaluations
Untangling technical issues and providing insights that lead to informed decision making
Delivery of clear oral evidence to assist the Court or Tribunal to understand complex technical disputes

Sub-Tab 3.1 Architecture

We have a highly experienced team of architects with a wide range of sector experience.

Our architects have completed a varied range of projects, collaborating with main contractors, architectural consultant practices and/or developers, across all stages of the architectural process (from concept and planning through to delivery and handover).

This broad experience allows our technical team to have a good comprehension of the issues they are instructed to opine on. Our clarity of explanation helps clients and their legal teams to better understand the technical matters and thereby provides valuable insights that lead to informed decision making in relation to complex problems.

We provide our clients with an independent view of the cause(s) of technical issues, so that our Clients can make informed decisions on how to proceed.

Common technical issues our experts are instructed to opine on include:

Appropriate levels of design and construction information
Non-Compliance with Building Regulations and/or Planning Legislation/Permission
Technical obligations and duties
External wall construction (incl. cladding, curtain walling, brickwork, insulation types)
Defective construction and workmanship (including brickwork & blockwork, ceilings, cladding, curtain walling, facades, finishes, flooring, glazing, material performance, roofing, condensation etc.)
Practical completion and handover
Architectural negligence and building defects (incl. both internal and external)
Root cause analysis/causation of delay events
Contract/construction administration and CDM Regulation compliance
EPC contract processes / Design & build contracting / Design Management and Change Control
Disabled Access
Construction Injury (Criminal/HSE and Civil) Claims.
Design Liability and Design Team competency and/or fees
Fire protection, fire stopping and compartmentation
Plagiarism
Remedial works

Sub-Tab 3.2 Civil & Structural Engineering

ForensX has an experienced team of engineers with wide experience in Structural and Civil Engineering. We assist our clients in understanding the technical aspects of a wide range of disputes, offering insights that facilitate informed decision making in complex situations.

Structural engineering is a specialised field within engineering focused on the design, analysis, and construction of structures like buildings, bridges, and other infrastructure. Structural engineers play a crucial role in guaranteeing that these structures are safe, resilient, efficient, functional, and able to withstand the forces and environmental conditions they will face throughout their service life.

Our expert engineers have recently been involved in:

Reviewing complex structural failures and defects in commercial and residential buildings.
Assessing building performance under extreme loading conditions and post-disaster scenarios.
Providing expert advice on the design adequacy of bridges, high-rise structures, and civil infrastructure.
Preparing technical reports for litigation and arbitration, including analysis of construction methodology and compliance with standards.

Civil engineering is a broad discipline that plays a fundamental role in the delivery of safe, efficient, and sustainable infrastructure, including transportation systems, water systems, and public works. Civil engineers are responsible for the planning, design, construction, and management of large-scale infrastructure projects that are critical to the functioning of society.

Our expert civil engineers have recently been involved in:

Evaluating failures and defects in highway, rail, and water infrastructure projects.
Investigating drainage and flood management systems to identify design or construction deficiencies.
Advising on delays, cost overruns, and claims arising from civil infrastructure projects.
Supporting law firms and clients in arbitration, dispute resolution, and technical due diligence.

Common issues that our clients and law firms encounter include:

Risk assessment and mitigation for complex or high value construction projects.

Alleged structural defects or design inadequacies in buildings and infrastructure.

Non-compliance with design codes, contract specifications, or regulatory requirements.

Failures in water, drainage, and transportation systems leading to service disruption or damage.

Sub-Tab 3.3 Mechanical & Electrical Engineering

We have a highly experienced team of Engineers with a wide range of sector experience.

Our Engineers have completed a varied range of projects, collaborating with sovereign wealth funds, real estate companies, property managers, developers, investors, and government bodies, across all stages of the Engineering process (from concept and planning through to delivery and handover).

This breadth of experience underpins our expertise in both Expert Witness and Advisory work and provides a deep understanding of the issues they are instructed to opine on. Our clarity of explanation helps clients and their legal teams to better understand the technical matters and thereby provides valuable insights that lead to informed decision making in relation to complex problems.

We provide our clients with an independent view of the cause(s) of technical issues, so that our Clients can make informed decisions on how to proceed.

Common technical issues our experts are instructed to opine on include:

Smoke clearance systems

Appropriate levels of design and construction information

Design Liability and Design Team competency

Non-Compliance with Building Regulations

Defective construction and workmanship (M & E installations)

MEP system defects

MEP equipment latent defects

MEP installation resilience

Insufficient capacity

Failure to comply with the Employer’s Requirements

Practical completion and handover

Fire alarm and sprinkler design

Sub-Tab 3.4 Energy & Environmental Engineering

We have a team of experts in the energy and environmental engineering sector

Energy and Environmental Engineering covers materials, processes, technologies and systems in support of a highly efficient and sustainable future, its main aim being the efficient use of energy and the preservation of the natural environment.

This is a crucial field nowadays focused on creating sustainable, efficient energy systems while minimizing environmental impact, tackling global challenges like climate change by integrating clean technologies, renewables, carbon capture, and resource management to meet net-zero goals and ensure energy security. It combines engineering principles with environmental science to design solutions for renewable energy, pollution control, sustainable processes, and efficient resource use.

Our experts provide detailed technical input for numerous dispute settings, using root cause analysis to identify the cause of defects, as well as a forensic engineering approach.

Our expertise includes the following sectors:

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Construction Management, Project Management & Project Health Checks

Construction and infrastructure projects today operate in complex commercial, contractual and technical environments. Successful outcomes depend not only on technical design and construction capability, but on effective project governance, management systems, risk control and delivery assurance throughout the project lifecycle.

When disputes arise, tribunals, legal teams and project stakeholders need clear, independent analysis of how projects were planned, managed and delivered — and whether industry‑standard construction management and project management practices were followed.

We provide expert witness services, construction dispute analysis, and independent project reviews that help clients understand the root causes of delay, disruption, cost escalation and management failure.

[tab 4.1] Construction Management Expert Services

Our construction management experts analyse how works were organised, supervised and controlled on site. We assess whether contractors and subcontractors applied recognised construction management standards and whether management decisions were reasonable in the circumstances.

Typical areas of expert review include:

Contractor and subcontractor management structures
Site management, supervision and daily control
Programme implementation, sequencing and workface planning
Labour, resources and productivity performance
Interface management between trades, packages and stakeholders
Procurement, logistics and supply chain coordination
Change management and variation handling
Design coordination and information flow
Health, safety and quality management systems

Our expert opinions help determine whether project outcomes were caused by external factors or by deficiencies in construction management execution

[tab 4.2] Project Management Expert Analysis

We provide independent assessment of project management performance in construction and infrastructure projects, evaluating actions against recognised professional standards, contractual obligations and good industry practice.

Our project management expert reviews typically cover:

Project governance and decision‑making frameworks
Programme and schedule development
Cost control, forecasting and budget management
Risk identification, assessment and mitigation
Stakeholder engagement and communication management
Accuracy of reporting and management information systems
Change control processes and approval pathways
Roles and responsibilities of employers, contractors and consultants
Design coordination and information management

We deliver clear, evidence‑based expert opinions on whether project management decisions were reasonable based on the information available at the time.

[tab 4.3] Project Health Checks & Independent Assurance Reviews

Our independent project health checks provide early identification of delivery risks, governance weaknesses and emerging commercial exposure. These reviews are frequently commissioned by project sponsors, investors, lenders and senior leadership seeking objective assurance.

Health checks and assurance reviews may be undertaken:

At project initiation or mobilisation
At key delivery milestones
When early signs of delay, cost escalation or dispute appear
Prior to refinancing, acquisition or restructuring
As part of dispute avoidance or project recovery strategies

Key outputs include:

Assessment of project maturity and readiness
Evaluation of programme realism and achievability
Cost, budget and contingency adequacy reviews
Identification of systemic delivery risks
Governance, reporting and decision‑making effectiveness
Practical recommendations for stabilisation or recovery

[tab 4.4] Expert Witness & Construction Dispute Support

Our specialists act as expert witnesses in arbitration, litigation, adjudication and expert determination. We translate complex project management and construction management evidence into clear, structured and defensible expert reports.

We assist tribunals and legal teams in determining:

Whether construction or project management was competent and reasonable
The causes of delay, disruption and cost overruns
The reasonableness of management decisions
Compliance with contractual, statutory and professional standards
The link between management performance and project outcomes

Our approach combines deep practical delivery experience with rigorous forensic analysis, ensuring our expert opinions are independent, transparent and robust under cross‑examination.