FIDIC / Legal Reference: Delay analysis methodology — SCL Protocol
A construction programme that records the actual dates on which activities were started and completed, as distinguished from the planned baseline programme. The as-built programme is the primary factual record used in retrospective delay analysis and is often the most contested element of expert evidence in construction arbitrations.
What it means in practice
Constructing an accurate as-built programme requires access to contemporaneous site records: progress reports, meeting minutes, inspection records, delivery notes, payment applications, photographs, and daily diaries. Where these records are incomplete or inconsistent, the as-built programme becomes a matter of expert judgment.
The SCL Protocol recommends that the as-built programme be derived entirely from contemporary documents rather than constructed retrospectively from the parties’ recollections. Time Impact Analysis — the SCL’s preferred delay methodology — requires the as-built programme to be built up period by period.
Where disputes arise
The quality of as-built data is often the central evidential battleground in construction delay arbitrations. Employers’ delay experts regularly challenge as-built programmes on the grounds that they do not reflect actual progress or that the logic links between activities are not supported by contemporary evidence.
UAE Context
UAE construction projects frequently generate high volumes of progress records but these are not always organised systematically. e-Basel regularly assists contractors in mining existing project records to construct defensible as-built programmes for use in arbitration.
Related terms
A defensible as-built programme requires specialist delay expertise and thorough document review. e-Basel provides delay analysis and expert witness services for UAE construction arbitrations.
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