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Delay and Disruption in Construction Contracts

Delay and Disruption in Construction Contracts, 6th Edition, (c) 2025

Page 725

CHAPTER 16

Forensic programme analysis

Introduction

16–001 CPM-based programming techniques to analyse construction contract disputes, in a process known as forensic programme analysis, has increased dramatically in recent times. In the US, this increase is partly as a result of the increasing sophistication of the courts and tribunals in working with CPM methods in government contracts and their published decisions on cases dealing with technical proofs as opposed to proof by inference.1 In the UK there is no equivalent of the Boards of Contract Appeals, many construction claims are dealt with in adjudication, or arbitration, the results of which are rarely published2 and, even when CPM-based analyses are considered by the UK courts, little of the courts’ consideration of the relevance, or application of the methodology adopted has usually been published.3

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