The resolution of many disputes referred to international commercial arbitration frequentlyinvolves deciding complex technical issues which may require specific knowledge or experience. Guideline 7, International Arbitration Practice Guideline, Chartered Institute of Arbitrators
Preparation of main reports dealing with the issues of delay and cost claims
Replying to their counterparts’ main reports
Preparation of joint reports, identifying the issues of agreement and disagreement
Providing oral testimonies in the form of cross-examination in hearings
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What is this eBook about?
This article-based eBook provides insights into the crucial role of Delay and Quantum Experts in resolving complex construction disputes, particularly through arbitration. It highlights the causes and implications of project delays, methodologies for forensic analysis, and the growing importance of expert evidence in both Indian and international arbitration landscapes.
Who are Delay and Quantum Experts, and why are they important?
Delay and Quantum Experts are professionals specialized in analyzing the causes and impacts of delays and cost overruns in construction projects. Their forensic analysis helps determine accountability, supports claims, and assists courts and tribunals with objective, technical evidence—ensuring fair and efficient dispute resolution.
What issues does the eBook address in the Indian context?
The eBook discusses the chronic issue of time overruns in Indian infrastructure projects, supported by government data. It emphasizes the lack of systematic deployment of scheduling and delay analysis experts during the construction phase, which often leads to costly legal disputes and prolonged project delays.
What methods do experts use to analyze construction delays?
The eBook outlines several internationally accepted methodologies, including:
- Time Impact Analysis
- Impacted As-Planned Analysis
- Time Slice Window Analysis
- As-Planned vs. As-Built Windows Analysis
- Collapsed As-Built Analysis
- These are based on guidelines like the SCL Delay and Disruption Protocol (UK) and AACE’s Recommended Practices.
How are these experts used in arbitration or court proceedings?
Experts may be appointed by the disputing parties or the tribunal. Their responsibilities include:
- Preparing detailed expert reports
- Responding to opposing experts’ findings
- Participating in joint reports and witness conferencing
- Giving oral testimony during cross-examinations
- These contributions help tribunals make informed, technically grounded decisions on delay and cost claims.