Affirmative Delay Claims and Rebuttal Reports
The Talson Team can provide affirmative or responsive reports supporting delay claims or requests for equitable adjustment. Depending on a client’s needs, Talson can provide a cursor report within a few hours of receiving information or produce comprehensive, fully exhibited expert reports with schedule analysis and delay calculations. Talson’s critique can provide the following as necessary:
- Conduct a critical path schedule analysis (Time Impact Analysis (TIA) or other observational analysis) to determine what issues or events led to the delays on the project and verify what party (or parties) were culpable for delays.
- Assess further schedule modifications, including if there were any issues with logic, linkage, float durations, and reasonable critical path analysis (through the use of .XER file review).
- Assess the validity of a claim against contract requirements.
- Assess the accuracy of claimed delay events against supporting documentation provided by all parties.
- Determine if the claim has merit and substance, including segregation of claims by buildings, phase, etc., and whether there were appropriate means and methods utilized by the defending party to mitigate the impact of delays.
This report is crucial for all parties involved in the project—owners, contractors, and legal teams—as it provides an objective assessment of the delay claims, which can be used to resolve disputes, enforce contractual obligations, and guide decisions in arbitration or litigation.