A Couple of Thoughts on Forensic Schedule Analysis

A Couple of Thoughts on Forensic Schedule Analysis

by Stuart Ockman

First, a little perspective. These thoughts are in response to articles and talks in the last several years suggesting that part of an expert’s role is to select the methodology that produces the best results for its client.

Here goes: While scheduling of live projects is an art, forensic scheduling is a science. If it were an art, it would not be accepted by Courts and Boards throughout North America and around the globe.

A properly performed forensic schedule analysis is both logical and repeatable. I know this to be true because a few times in my career the expert on each side of a claim reached the same conclusion. So what happened in the couple hundred other disputes? The opposing ‘expert’ either used the wrong methodology or used the right methodology but employed flawed logic.

While there may indeed be nine or more different scheduling methodologies that have been ‘accepted’ over the years as outlined in AACEi’s RP-29, that does not mean that all of these methods are reliable. It just means that the other side did not have an expert able to rebut these approaches by using a reliable methodology.

It is not an expert’s role to ‘methodology shop’ or pick the approach that gives the best result for the client, even if that result is wrong. That’s not just irresponsible but enters the realm of malpractice and risks running afoul of the False Claims Act or incurring other legal sanctions. Instead, an expert must use the best, most accurate methodology available and must use it consistently on all schedule-related claims. Any best methodology must chronologically compare a reasonable plan to what actually happened on the project and adjust the plan to reflect the impact of each controlling delay. Accepted methodologies that meet these criteria are Time Impact Analysis and Windows Analysis. If you’re currently using a different approach on any of your projects, take a look at the literature [one excellent source is Construction Scheduling: Preparation, Liability, and Claims by Wickwire, Driscoll, Hurlbut and Groff] or give me a call. I’d love to chat with you. And, please consider joining us at the College in spreading this and many other messages related to achieving excellence in scheduling throughout the industry and the world.