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Forensic Schedule Insights

Notes from the field.

Practical guides on DCMA assessments, EOT claims, owner submissions, and the tooling that produces every CPP analysis. Twenty-four years of project controls, twenty in nuclear and energy programs.

AACE 29R-03, Section 4.2

Pacing or Concurrent Delay, and What the Records Have to Show

Both sides were slow, and the schedule shows the same bars either way. What AACE 29R-03 and the SCL Protocol say separates a deliberate slowdown from an independent delay, why the owner delay that arrives second may not be concurrent at all, the three things pacing has to show, and the records that decide it.

By Dana Fitkowski, Critical Path Partners · October 2026 · 10 min read
Rules of Civil Procedure, Rule 53.03

AI-Generated Expert Evidence in Ontario, and What It Means for a Delay Report

One rule on AI already binds every Ontario expert report: since 1 December 2024 the expert certifies the authenticity of every authority and document the report cites. Four more rules are proposed and are not in force. Which part of a delay analysis is AI, the three proposed reliability tests applied to a schedule analysis, and eight questions to put to an expert who uses AI tools.

By Dana Fitkowski, Critical Path Partners · October 2026 · 9 min read
Construction Act, Parts I.1 and II.1

Prompt Payment and Adjudication Timelines, and What They Do to a Delay Claim

The statutory timetable in Parts I.1 and II.1 of the Construction Act, current to 13 August 2026, and what it does to a delay claim. The 90 day post-completion bar makes adjudication a during-performance remedy. The party who gives the notice of adjudication has five days after the adjudicator agrees or is appointed to deliver the documents it intends to rely on (s. 13.11). The other party may respond in writing by the day the adjudicator specifies, and the adjudicator may give directions on the disclosure of documents (s. 13.11.1; O. Reg. 264/25, ss. 25(3) and 28). For the party giving the notice, the analysis has to be finished before the notice goes out.

By Dana Fitkowski, Critical Path Partners · August 2026 · 12 min read
CCDC 2 - 2020, GC 6.5

GC 6.5 of CCDC 2 - 2020, and How a Schedule Analysis Maps onto It

GC 6.5 does not ask whether the job was late. It asks who caused each delay, and sorts causes into paragraphs with different consequences. Why the unit of analysis is the event, why every event needs two labelled dates, and why calendar mismatch is the defect that most often sinks an otherwise good time claim.

By Dana Fitkowski, Critical Path Partners · August 2026 · 11 min read
Rules of Civil Procedure, Rule 30.1

The Deemed Undertaking, and What an Expert May Reuse Between Matters

Rule 30.1 is usually discussed as a constraint on lawyers. The harder problem is the expert, whose working library is built out of other people's productions. Why traceability is the line that works in practice, and why produced native schedule files must never enter a shared scheduling database.

By Dana Fitkowski, Critical Path Partners · August 2026 · 10 min read
White Burgess, 2015 SCC 23

White Burgess, and How to Instruct a Schedule Expert

The impartiality threshold is easy to clear, which is why parties keep losing motions built on it. What White Burgess actually gives a construction file: how to instruct the expert, why the consultant who built the schedules has a stake in them, and the technical signature of advocacy in a delay report.

By Dana Fitkowski, Critical Path Partners · August 2026 · 11 min read
AACE 29R-03 MIP 3.4

The Half-Step XER: What It Actually Proves

What a half-step XER isolates between two schedule updates, why building one by hand is slow and hard to defend on cross-examination, and how the Half-Step XER tool in CPP Lens generates one for free, in your browser, in seconds.

By Dana Fitkowski, Critical Path Partners · August 2026 · 7 min read
Delay Claims

What Liquidated Damages Actually Require, and How Schedule Evidence Defeats Them

An LD assessment is not automatic. This is what a liquidated damages clause must satisfy to be enforceable in Canada, and how forensic schedule evidence defeats or reduces one. Anchored to Walsh v. TTC.

By Dana Fitkowski, Critical Path Partners · June 2026 · 9 min read
Launch

CPP Lens: in-browser forensic schedule analysis on your own XER.

CPP Lens v1.0.0 is live at criticalpathpartners.ca/viewer/. A single-file Primavera P6 viewer that parses XER files in your browser, rendered 29 sections of schedule diagnostics at launch, and hands a forensic job off to the CPP engine without your activity names ever leaving the local tab.

By Dana Fitkowski, Critical Path Partners · 26 May 2026 · 6 min read
Ship Note

We Open-Sourced Our Forensic CPM Engine. Verify It in Under a Minute.

cpp-cpm-engine v2.9.16 ships MIT-licensed across four public deployment surfaces (npm, GitHub releases, MCP registry, Railway-hosted MCP) locked to one SHA-256. 878 unit tests, 43 fixtures × 444 cross-validation checks, Sigstore-signed CI runs on Rekor (figures as of the v2.9.16 release). Run it on your own machine in five seconds.

By Dana Fitkowski, Critical Path Partners · 16 May 2026 · 9 min read
Daubert & Verification

The Daubert Test for Forensic Software: Independent Verifiability

FRE 702 amended December 2023 raised the bar. Proposed FRE 707 would raise it further: it is still only a proposal that the Advisory Committee on Evidence Rules is considering, with no date set to take effect (US Courts pending rules). What an independent-verification challenge asks of a forensic engine, how CPP answers it, and the disclosure language to use.

By Dana Fitkowski, Critical Path Partners · 16 May 2026 · 8 min read
MCP & Tooling

Calling Forensic Schedule Tools from Cline, Cursor, and Any MCP Client

A live demo of AI assistants calling AACE forensic-scheduling tools over MCP: Cline, Cursor, Claude Desktop, any MCP-compatible client. Wire-up in minutes.

By Dana Fitkowski, Critical Path Partners · 14 May 2026 · 6 min read
Methodology Brief

The Forensic Record Should Render the Same in 10 Years

A delay claim filed in 2026 may be re-examined on appeal in 2036. The artifact has to still work. CPP's six-discipline Forensic Record Archival Certification: system fonts only, zero CDN, SHA-256 topology hash, embedded provenance, 10-year render stability, reproducibility manifest.

By Dana Fitkowski, Critical Path Partners · 10 May 2026 · 7 min read
AI & Technology

AI in Construction Scheduling: What It Actually Does (And What It Doesn't)

What AI actually does inside a forensic delay analysis workflow, what it cannot replace, and what Critical Path Partners built to do it.

By Dana Fitkowski, Critical Path Partners · 3 May 2026 · 12 min read
Forensic Analysis

What Is Forensic Delay Analysis, and When Do You Actually Need One

Your project is late and someone's going to pay for it. Here's what forensic delay analysis actually is, the methodologies behind it, and what to look for in the deliverable and the analyst.

By Dana Fitkowski, Critical Path Partners · 1 April 2026 · 11 min read
Schedule Health

Why Static DCMA Reports Are Costing You Money

Most DCMA schedule health checks deliver a static PDF that gets filed and forgotten. Here's what your schedule analysis should actually look like, and why interactive dashboards change the game.

By Dana Fitkowski, Critical Path Partners · March 2026 · 12 min read
Schedule Compliance

Construction Schedule Rejected by Owner: What to Do Next

Your baseline schedule got kicked back. Here's what owners are looking for, the most common rejection reasons, a step-by-step resubmission checklist, and when to bring in a specialist.

By Dana Fitkowski, Critical Path Partners · February 2026 · 10 min read
DCMA 14-Point

How to Read a DCMA 14-Point Report

What do DCMA 14-point assessment scores actually mean? A practical guide to reading schedule health reports, understanding each metric, and knowing what to do when your construction schedule fails.

By Dana Fitkowski, Critical Path Partners · February 2026 · 8 min read