Delay Analysis Expert
Delay Analysis Expert for UAE Construction Disputes
Forensic delay analysis using the methodologies tribunals accept — As-Planned vs As-Built, Time Impact Analysis, Windows Analysis, and Collapsed As-Built — built on the baseline programme and contractual time obligations.
DIAC Arbitrator · Tribunal Chairman · Accredited Expert Witness · FIDIC Red / Yellow / Silver / Gold · UAE Federal Arbitration Law No. 6 of 2018
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The programme is contested and the methodology will be attacked.
Delay analysis is the area of construction expert evidence most aggressively attacked at hearing. The wrong methodology, an unsupported as-built, or an unstated assumption — and the entire opinion can be excluded. Tribunals expect rigour, not narrative.
That is what separates opinions that stand from opinions that fall. And that is why methodology selection matters more than methodology label — the choice of As-Planned vs As-Built, Time Impact Analysis, Windows Analysis, or Collapsed As-Built must be justified by the records, not imposed by custom.
That is the standard the analysis must meet. Every step, defensible.
Forensic delay analysis — from records to report
Every delay analysis we deliver is built on three pillars: records-first selection of methodology, transparent critical-path identification, and apportionment defensible at tribunal.
Forensic Delay Analysis Report
Methodology selected and justified, baseline reconstructed, as-built built from records, critical path identified, and delay events apportioned between parties.
As-Built Programme Reconstruction
Full as-built built from contemporaneous site records, daily reports, progress photographs, and verified physical completion data.
Methodology Selection Memorandum
Reasoned selection of As-Planned vs As-Built, TIA, Windows, or Collapsed As-Built — with the rationale for the chosen approach and the limits of its applicability.
Counter-Analysis of Opposing Expert
Critical review of opposing delay analysis with rebuttal report identifying methodological flaws, unsupported assumptions, and missing records.
Why UAE construction teams choose E-Basel
Engineer, not just lawyerWe are civil engineers first. Our delay analyses and expert reports stand up in arbitration because they are built on programme logic and site reality — not legal abstraction. Law firms instruct us; contractors trust us. |
UAE-specific, bilingualEvery analysis is grounded in FIDIC, UAE Federal Civil Code, and the practice of DIAC, ADCCAC, DIFC-LCIA and the onshore courts. Reports and pleadings delivered in English, Arabic, or both — without translation drift. |
Accredited and independentBasel Al Najjar sits as DIAC Arbitrator, Tribunal Chairman and Independent Expert on high-value, multi-party disputes. Instruction comes with the independence and objectivity tribunals expect from an accredited expert. |
From records audit to tribunal-ready report
Delay analysis is an evidence discipline, not a calculation discipline. The rigour starts before the spreadsheet.
- 1
Records and Programme Audit
Baseline programme, all updates, daily reports, look-aheads, progress photos, correspondence. The records dictate what analysis is possible.
- 2
Methodology Selection
One of the four standard methods selected, justified, and limits stated. We do not run the wrong method on bad records.
- 3
Analysis and Apportionment
Critical path established, delay events identified, contemporaneous causation analysed, concurrency tested under SCL Protocol principles.
- 4
Report and Defence
Full report with annexures, ready for tribunal. Joint statement, cross-examination, hot-tubbing as required.
Representative matters
A selection of matters handled, anonymised to protect client confidentiality. For verified references, request the credentials pack.
As-Planned vs As-Built — High-Rise Residential
Role: Independent expert on delay
Contract: FIDIC Red Book 1999
Issue: Disputed critical path on a 40+ floor residential tower; competing baseline programmes from contractor and Engineer.
Outcome: Reconstructed as-built accepted by tribunal as the basis for award.
Time Impact Analysis — Mixed-Use Development
Role: Independent expert on delay
Contract: FIDIC Yellow Book 2017
Issue: Multiple change events with disputed impact on critical path; TIA methodology applied to each event in chronological sequence.
Outcome: Apportioned liability accepted; matter resolved at award.
Windows Analysis — Infrastructure
Role: Counter-expert
Contract: Bespoke FIDIC-derived
Issue: Opposing expert’s collapsed-as-built methodology challenged for absence of contemporaneous progress data.
Outcome: Counter-report accepted; opposing methodology disregarded by tribunal.
Credentials that stand up in a tribunal
 |
Eng. Mohamad Basel Al NajjarCivil Engineering Consultant · DIAC Arbitrator · Tribunal Chairman · Accredited Expert Witness |
Accreditations: DIAC Arbitrator · Chartered Arbitrator · Accredited Expert Witness
Experience: Over two decades in UAE construction. Served as Arbitrator, Tribunal Chairman and Independent Expert on high-value, multi-party disputes.
Standards applied: FIDIC 1999 & 2017 editions · SCL Delay & Disruption Protocol · AACE International RP 29R-03 · UAE Federal Arbitration Law No. 6 of 2018 · UAE Federal Civil Transactions Law
Expertise: Forensic delay analysis · As-Planned vs As-Built analysis · Time Impact Analysis · Windows Analysis · Critical path identification · Concurrent delay apportionment under UAE law and the SCL Protocol
E-Basel maintains the independence and objectivity required of an independent expert. We accept instruction from any party — contractor, employer, or counsel — and our opinions are owed first to the tribunal.
Programme issues, methodology fight, or expert testing?
A short call at the records-audit stage saves weeks of expensive analysis on the wrong methodology. Worth thirty minutes before the work starts.
Common questions
Which delay analysis methodology do you use?
We select the methodology the records support and the contractual position requires. As-Planned vs As-Built and Time Impact Analysis are most common; Windows and Collapsed As-Built where the data and the dispute structure justify them.
Can you reconstruct an as-built where the contractor’s records are incomplete?
Yes, within limits. Where contemporaneous records exist — daily reports, photos, correspondence, payment applications — an as-built can be built. Where records are absent, we state the limit and flag the gap rather than fabricate.
Do you follow the SCL Protocol?
We apply the SCL Delay & Disruption Protocol (2nd edition, 2017) where it aligns with the contract and the governing law. UAE law and FIDIC sometimes require adjustment to the SCL approach, particularly on concurrent delay; we explain that adjustment in the report.
How is concurrent delay handled?
Concurrency is tested on the critical path, contemporaneously, with a clear distinction between true concurrency and sequential delay. Apportionment follows the contractual position and, where law applies, the principles in Walter Lilly v Mackay and the SCL Protocol.
How long does a delay analysis take?
Most matters take eight to twelve weeks from records receipt to draft report. Highly fragmented record sets or multi-party disputes may take longer; we set the timetable in the engagement letter.
Programme dispute, methodology fight, or expert testing?
Whether building the analysis or attacking it, the discipline is the same: records, methodology, critical path, apportionment. In that order. Defensible at every step.
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Offices in Dubai · Available for instructions across the UAE and GCC
Other E-Basel services
Construction Claims Consultant ·
FIDIC Expert Witness ·
Construction Arbitrator