Quantifying Supply Chain Disruption and Logistics Delay: What the Protocols Don’t Tell You

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Supply Chain Disruption in Construction: Beyond Delay and Into Disruption Claims

This article explores the often-overlooked distinction between delay and disruption in construction supply chain claims, highlighting how logistics failures, sanctions, material shortages, and geopolitical events create cascading impacts far beyond simple schedule overruns. It examines practical methods for quantifying productivity loss, tracing causation, and selecting the right analytical approach under the SCL Protocol and AACE guidance. The piece also emphasises the importance of contemporaneous records, transparency, and credible disruption analysis in arbitration and dispute resolution.

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When the Crew Is Ready and the Site Is Not: Measuring Productivity Loss and Workforce Disruption

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When Productivity Suffers Before the Delay Appears

This article explores how construction projects can suffer significant productivity losses even when delays are not immediately visible. It distinguishes between supply chain disruption and workforce disruption, explaining how idle labour, resequencing, substitute materials, and repeated interruptions can reduce output and create recoverable claims. The piece also highlights the importance of contemporaneous records, measured mile analysis, and structured documentation in proving productivity loss and disruption-related damages on complex construction projects.

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Force Majeure and Delay: A Causation Problem Disguised as Law

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Force Majeure and Delay: Why Causation Matters More Than Classification

This article explores how force majeure claims in construction disputes are often misunderstood as purely legal issues, when in reality they are fundamentally questions of causation. It argues that simply proving the existence of a force majeure event — such as war, COVID-19 disruptions, or supply chain failures — is not enough to justify an extension of time. The critical issue is whether the event actually impacted the project’s critical path and delayed completion. Through practical examples and arbitration insights, the article highlights the importance of contemporaneous delay analysis, robust project records, and evidence-based assessments. It concludes that successful delay claims depend not on labels, but on proving a clear causal link between the disruptive event and project delay.

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Wars, Sanctions and Construction Claims: Delay, Force Majeure, and Entitlement in Disrupted Project

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Navigating War, Sanctions, and Construction Claims in a Disrupted Global Landscape

This eBook explores how wars, sanctions, and geopolitical disruptions are reshaping construction projects and arbitration claims worldwide. It examines the growing impact of supply chain failures, material price escalation, banking restrictions, and labour shortages on project delivery and contractual performance. The guide explains how force majeure, change-in-law provisions, delay causation, mitigation obligations, and entitlement to time or cost recovery are analysed under international construction contracts, particularly FIDIC frameworks. It also highlights the importance of contemporaneous records, strategic delay analysis, and expert evidence in arbitration proceedings. Through practical frameworks, real-world examples, and drafting recommendations, the publication provides contractors, employers, and legal professionals with a structured approach to managing and resolving war-related construction disputes effectively.

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Turbine Failures and the Making of Arbitration Claims

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Understanding Turbine Disputes and Arbitration

Explore how turbine failures evolve from technical breakdowns into high-value arbitration disputes. This guide explains the causes of gas and steam turbine failures, root cause analysis, defect classification, causation, and the role of expert evidence in arbitration proceedings. Designed for engineers, legal professionals, insurers, and project stakeholders, it bridges the gap between technical investigation and legal strategy to help build stronger, evidence-backed claims.

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Unlike conventional transactions, blockchain activity leaves a permanent trail. This shift becomes important for Masin. As financial disputes become more complex and span multiple jurisdictions, resolving them requires the ability to clearly trace and explain what is happening in both traditional and digital financial systems. 

Why Cryptocurrency Now Shows Up in Commercial Disputes 

The use of cryptocurrency is becoming more common in commercial transactions across the Middle East and Asia. Contractors, developers, and joint venture partners are using it for payments, investment flows, and cross-border transfers. They use it mainly because it offers speed and flexibility that traditional systems often cannot. At the same time, regulators are paying closer attention, with organisations like FinCEN issuing guidance to keep up with this shift. 

This growing use means that disputes are no longer limited to traditional financial records. Payment delays, cost overruns, and partnership disagreements may now involve transactions that remain recorded on the blockchain.  

In such cases, resolving financial disputes requires a broader approach that includes analysing digital wallets with conventional accounts. It also requires acting quickly, as digital assets can move quickly over jurisdictions and platforms. 

Where Crypto Forensics Makes the Biggest Difference 

Crypto forensics becomes particularly valuable when the financial picture is incomplete or contested. Each digital wallet carries a traceable history that allows investigators to understand the movement of funds, where they have been accumulated, and the variation in their control over time. 

Hidden assets in shareholder or joint venture disputes 
The core issue is whether all assets have been fully disclosed. 

• Identifies undisclosed wallet holdings linked to individuals or related entities. 
• Maps connected wallet networks to reveal the full extent of asset ownership. 

Fund misappropriation by contractors or project partners 
Fund misappropriation appears as unexplained gaps in project spending. The focus here is on whether funds were used in line with agreed terms. 

• Traces diverted funds across multiple wallets, exchanges, and asset conversions. 

• Aligns transaction timelines with contractual milestones to highlight potential breaches. 

Fraudulent investment schemes tied to project finance 
The question is whether investor capital was deployed as promised. 

• Determines whether funds were invested in projects or retained by controlling parties. 

• Detects repeated transaction patterns indicating misuse or recycling of investor funds. 

In all these situations, crypto forensics strengthens broader forensic accounting efforts. It helps build clear and evidence-based financial narratives for dispute resolution. 

What Makes Crypto Evidence Hold Up in a Tribunal 

Even though blockchain data is highly transparent, it does not automatically translate into usable evidence. It needs to be handled with the same care and structure like any other form of financial analysis for it to hold up in arbitration or litigation. 

The key is Independence. The experts are expected to provide objective opinions that assist the tribunal rather than advocate for one side. Proper documentation is equally important. Every step of the analysis – beginning from identifying wallet addresses to tracing transactions- must be supported by reliable and verifiable data. The authorities, such as the FBI, emphasise the importance of structured processes in crypto investigations. 

It is important to maintain clarity as blockchain transactions can be technical. This means presenting findings through clear timelines, visual transaction mapping, and straightforward explanations. These expectations align with international arbitration standards such as the IBA Rules and SCL protocols. 

Masin follows this approach as part of its expert evidence delivery. The same level of discipline is applied to quantum, delay, and financial disputes when analysing digital assets. Through expert witness services and tribunal-ready reports, the focus remains on clarity, structure, and credibility. 

How Masin Supports Financially Complex Disputes 

Masin supports clients by combining forensic accounting, financial analysis, and expert witness experience to address disputes involving both traditional and digital assets. The objective is always to provide a clear and reliable financial narrative, no matter how complex the underlying transactions may be. 

We have experience across the Middle East, Asia, and Europe. Masin understands the realities of cross-border disputes, including differences in regulation, currency, and financial systems. This is particularly important in international arbitration where evidence must be robust enough to stand up across jurisdictions. 

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Navigating Effective Dispute Management in Construction Projects in Saudi Arabia

Riyadh International Dispute Week 2024: Navigating Effective Dispute Management in Construction Projects in Saudi Arabia

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Delay Analysis and Assessment

Navigating through delays demands a structured approach. Conducting a successful construction dispute analysis entails having a reliable as-planned programme and an accurate as-built programme. Demonstrating the reasonableness of the as-planned programme enhances the efficacy of delay analysis methods. The as-planned or baseline programme serves as crucial evidence of the contractor’s original intentions and forms the basis for identifying delays.

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Challenges in Expert Evidence in Memorial Style Pleadings in the Arbitration

In recent times, there has been an increase in the parties favouring memorial style pleadings over more traditional common law pleadings. A memorial style pleading requires an expert assessment to determine the claims pleaded by a party to the case. Naturally, this would increase the role and the responsibility of the Expert in any dispute. The article briefly discusses the challenges Expert’s face in providing Expert Evidence to the Tribunal in memorial style pleadings. My experience predominantly lies in matters of Delay and Quantum; hence I shall discuss challenges faced by experts in these matters.

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The Challenges and How they faced it

To overcome from the challenges, the Expert, when making a delay assessment, he or she should consider the following:

• Not to solely rely on the programming data
• Verify the contemporaneous updated programmes, particularly the actual start, actual finish and completion status at each window periods.
• Verify and validate the accuracy of the progress or asbuilt data being entered into the programme derived from the factual data and records.
• Determine the total floats and be cautious about the same.
• Sort out the most reliable data and understand how the project was planned to be completed vis-à-vis how it was actually completed.

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Effective Presentation of Quantum Evidence in Construction Arbitrations

The presentation of quantum evidence is a key cog in the wheel of dispute resolution that can significantly influence the outcome of an arbitration. The evidence by Quantum Experts involves the assessment of the financial impact of disputes, including claims for additional costs and damages associated with delays. As construction projects become increasingly complex, the role of quantum experts has evolved to encompass a wide range of technical and financial analysis, which must be communicated effectively to the Tribunal. This article aims to provide an overview on effectively preparing and presenting quantum evidence in construction disputes.

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Fundamental Elements of Contract

Introductory Clauses: The introductory section of the contract offers valuable information on the who, what, when, and why of the transaction. It essentially informs the audience about the nature of the contract, where it is made, the date of its creation, the background of the agreement, and what the Parties aim to achieve by entering into the contract. The Introductory Clauses predominantly has following components:

• Preamble
• Parties
• RecitalsInterpretation Clause
• Definitions

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Termination is rarely the end of a construction project – in many cases, it marks the beginning of complex claims, prolonged disputes, and high-stakes litigation.

Join us on 30 April 2026 at 14:30 (IST) | 12:00 (AST) | 10:00 (BST) | 13:00 (GST) for an insightful webinar on “Post-Termination in Construction Projects: Claims, Disputes, and the Role of Expert Evidence”, where we will explore key issues around claims, disputes, and the role of expert evidence in shaping outcomes.

From valuation of works and termination accounts to concurrent delay and loss & expense claims, this session will unpack the realities that arise once a contract comes to an end.

Our distinguished panellists
– Brendan Molck, Partner, Clyde & Co
– Dr Ahmed Basrawi, Partner, Al Tamimi & Company
– Bassim Alim, Founder, Alim Law Firm عالِم للمحاماة
– Dhananjay Sadavarte PMP, MCIArb, Partner, MASIN

Whether you’re a contractor, employer, legal counsel, or disputes professional, this session offers practical insights to help you navigate one of the most contentious stages of any construction project.

Register here: https://lnkd.in/gsXJP3Qn

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