Expert Forensic Schedule Analysis for Construction Litigation

Your delay dispute needs an analyst whose work survives cross-examination.

When a construction matter turns on the schedule — and they almost always do — the forensic analysis has to hold. Not just in the report. In deposition. In rebuttal. On the stand. Under direct. Under cross. In front of an arbitrator who's seen a hundred delay claims and knows the difference between rigorous methodology and consultant theater. That's the work Critical Path Partners does.

What Counsel Gets

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.

AACE · SCL Protocol

Methodology That Holds Up

Every CPP analysis is built on published AACE Recommended Practices — Windows Analysis (RP 29R-03 §3.3), Collapsed As-Built (§3.8), Time Impact Analysis (RP 52R-06) — and 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.

MIP 3.3 + MIP 3.8

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. Opposing counsel cannot dismiss the finding as single-method bias when two methods converge on the same number.

Chain of Custody

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.

Reproducibility

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. That's not a feature. That's the minimum standard for forensic work, and most shops don't meet it.

The Deliverables

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.

HTML

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.

DOCX

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.

HTML

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 opposing counsel cannot accuse single-method bias.

XLSX

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.

DOCX / PDF

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 SCL Protocol notice and substantiation requirements.

DOCX

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 in deposition and at trial.

Expert Qualifications

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 sits for cross-examination.

Dana Fitkowski
Principal · Critical Path Partners

Twenty-five 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.

Relevant Experience
  • 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
  • Multiple successful delay-claim outcomes including full time and monetary relief, pre-arbitration settlements, and mediation resolutions
  • 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
Engagement Model

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.

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, we'll say so.