A forensic scheduling expert whose work is built to withstand cross-examination.
When a construction matter turns on the schedule, and it almost always does, the forensic analysis has to hold. Not just in the report. In rebuttal. In examination-in-chief. Under cross-examination. In front of an arbitrator who has seen a hundred delay claims and knows rigorous methodology when it is in front of them. Critical Path Partners builds the analysis to that standard.
A defensible forensic analysis, start to finish.
Every piece of the deliverable is built to be cross-examined: published methodology, dual-method validation, single-analyst chain of custody, and a reproducibility manifest opposing counsel's expert can re-run and verify.
Built for the Standard Your Court Applies
In Ontario, the admissibility of expert evidence is governed by R. v. Mohan (relevance, necessity, the absence of an exclusionary rule, and a properly qualified expert) and White Burgess (the expert's independence and impartiality as a threshold question), with the expert's duty to the court stated in Rule 4.1.01 of the Rules of Civil Procedure and acknowledged in the form required under Rule 53.03. The same reproducible, published-method analysis is built for FRCP 26(a)(2)(B) disclosure and Daubert scrutiny when a matter reaches a US court. One analysis, written to the reliability standard whichever forum applies it.
Methodology That Holds Up
Every CPP analysis is built on published standards: the AACE Recommended Practices for Windows Analysis (RP 29R-03 §3.3), Collapsed As-Built (§3.8), and Time Impact Analysis (RP 52R-06), plus the SCL Delay & Disruption Protocol, 2nd Edition. No house-brand methods. No proprietary black boxes. The standard is named in every conclusion, traceable in every exhibit, defensible under cross-examination because it was built that way from the first window.
Dual-Method Validation
Where the contract or the matter warrants it, CPP runs both Windows Analysis (MIP 3.3) and Collapsed As-Built (MIP 3.8) independently, then reconciles the results. Where they agree, the finding does not rest on one method; where they do not, the gap is reported and explained.
One Chain of Custody
One analyst reads the XER, runs the engine, writes the narrative, and prepares the exhibits. No handoffs between junior analysts, no hours lost in internal review loops, no conclusion that drifts from the data because three people touched the file before the senior analyst saw it. The deliverable traces back to one person, and that person can explain every number in it.
Audit-Trailed, Reproducible Math
Every CPP deliverable embeds a reproducibility manifest: XER hashes, parser version, engine version, methodology parameters. If opposing counsel's expert re-runs the same inputs, they get the same outputs. For forensic work, that is the minimum standard.
What lands on your desk.
A coordinated set: the analytical workpaper, the narrative for the trier of fact, the validation, the exhibit package, the claim submission, and the formal expert report. Each one references the others. Each one names its standard.
Forensic Delay Analysis Dashboard
Self-contained HTML dashboard, the analytical workpaper. Per-window concurrent analysis, attribution by party, critical-path tracking, slip register, and embedded reproducibility manifest. The single document that lets a reviewer audit every conclusion in the case.
Executive Narrative
Plain-language Word document explaining what happened on the project, in what order, who caused which delay, and why the math says what it says. Written for the trier of fact (judge, arbitrator, mediator), not for another scheduler.
Collapsed As-Built Validation
Independent MIP 3.8 collapsed as-built analysis run as a check on the windows analysis. Two methods, two numbers, one reconciled conclusion. The dual-method gap is reported explicitly so the finding does not rest on one method.
Independent in methodology (windows + collapsed are mathematically distinct approaches); both are computed by CPP's open-source engine. See the independent-verification note and the published cross-validation results for the same-author caveat.
Forensic Workbook
The underlying numbers in spreadsheet form: per-activity slip, per-window attribution, concurrency matrix, calendar tables, raw activity dumps. The exhibit your expert hands to opposing counsel during discovery so the math can be independently re-derived.
EOT Claim Package
If the matter is contractor-side, a complete extension-of-time submission ready for the owner: cover letter, per-event exhibits, mitigation log, supporting-documents index, and owner-submission QC. Built to the contract's notice and substantiation provisions, following the guidance in the SCL Delay & Disruption Protocol, 2nd Edition, §3.
Expert Report
Formal expert report compliant with the relevant rules of court: qualifications, scope of opinion, methodology, findings, opinions, and exhibits incorporated by reference. Written to be filed, served, and defended at hearing and at trial.
About the analyst.
CPP is a one-analyst boutique. The analyst you retain for the preliminary assessment is the same analyst who runs the engine, writes the report, and gives the evidence if the matter goes to a hearing.
Twenty-four years in construction project controls and planning. Twenty inside nuclear and energy programs: refurbishment, new build, and ongoing maintenance outage planning at facilities where the schedule is a regulator-facing document, not just a project-management tool.
- Forensic delay analysis across nuclear, energy, municipal infrastructure, mining, and commercial sectors, both as the analyst preparing the contractor's claim and as the rebuttal lead defending against an owner's counter-claim
- Delay-claim work carried through negotiation, mediation and arbitration preparation, on both the claiming and the defending side
- Delay analysis on the owner's side of a contractor delay claim on a nuclear project
- Primavera P6: production-grade fluency, 20+ years
- AACE Recommended Practice methodology: Windows (MIP 3.3), TIA (MIP 3.7), Collapsed As-Built (MIP 3.8)
- DCMA 14-Point Schedule Assessment: full-suite implementation
- SCL Delay & Disruption Protocol, 2nd Edition: applied across active claims
- Monte Carlo schedule-risk simulation: AACE 122R-22 QRAMM-aligned
How we work with counsel.
Four ways to engage, scoped to the stage of the matter. Most engagements start with the preliminary assessment so counsel and the analyst can both decide whether full forensic work is warranted before either side commits the budget.
Preliminary Assessment
Turned around in days, not weeks, capped in writing. Go/no-go recommendation with analysis attached. Counsel learns whether the schedule supports the theory of the case before retaining for full forensic work.
Full Forensic Analysis
Scoped per matter. Comprehensive delay attribution: windows analysis, collapsed as-built validation, concurrent-delay matrix, exhibit package. The analytical foundation of the claim or defence.
Expert Support
Ongoing, hourly. Mediation, arbitration, expert reports, testimony. Includes preparation for examination, cross-examination support for counsel, and expert evidence at the hearing where retained as the testifying expert.
Rebuttal-Only Engagement
If counsel needs rebuttal of opposing party's analysis without commissioning a full independent analysis. Tests opposing expert's methodology against ten standard defence theories: concurrent delay, pacing, no notice, failure to mitigate, float ownership, and others.
Where CPP prepared the claim. If CPP prepared the delay claim and is later asked to give expert evidence on it, the expert report says so, and the client is told before the engagement that a court or tribunal may give that evidence less weight than evidence from an expert who had no part in preparing the claim.
Five notes on Ontario practice.
Written for counsel who retain schedule experts, and for in-house counsel reading the other side's report. Each note takes a position and says what it does not know. Statutory references are current to the e-Laws currency date stated in each note. Each one prints to Letter as a clean document.
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.
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.
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.
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.
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.
Questions counsel ask.
When Should a Forensic Scheduling Expert Come In?
As soon as the matter turns on the schedule, and before any deadline that depends on the analysis. Under the Construction Act, the party giving notice of adjudication has five days after the adjudicator agrees to conduct the adjudication or is appointed, to deliver the documents it intends to rely on, so for that party the analysis has to be finished before the notice goes out.
What Does the Expert Need to Start?
The native P6 schedule files (XER) for the baseline and every update, the contract's delay and notice provisions, and the project record: daily reports, RFIs and responses, change orders, notices of delay and meeting minutes. Through the free claim check, one analyst reads the schedule and says what it can support within a few business days, at no fee and with no obligation to retain, before counsel commits a budget.
Which Method Will the Analysis Use?
Usually windows analysis (MIP 3.3) as the primary method, checked against collapsed as-built (MIP 3.8) where the matter warrants it, with time impact analysis (MIP 3.7) for specific events. The methods are compared in the forensic delay analysis guide.
How Can the Other Side Check the Numbers?
Every deliverable carries a reproducibility manifest: the XER hashes, the parser version, the engine version and the methodology parameters. An opposing expert who re-runs the same inputs gets the same outputs, and the engine's cross-validation results are published.
Discuss your matter.
A 15-minute call to determine whether CPP is the right fit. No obligation, no hourly charge for the conversation. If the matter is better served by a larger firm or a different methodology, CPP will say so.