AACE CFCC Certified Forensic Claims Consultant key terms

The application of construction, scheduling, cost, and accounting expertise to investigate, analyze, and quantify claims, typically in support of litigation, arbitration, or negotiation. The consultant reconstructs events from project records to render independent, defensible opinions.

A formal request by one party for additional compensation, time, or other relief based on an asserted contractual entitlement and an alleged injury caused by another party's acts, omissions, or changed conditions.

The legal or contractual right to recover time or money, established independently of the amount. A claimant must prove entitlement under the contract or law before quantification of damages is considered.

The link showing that a specific event or party action actually produced the claimed impact, such as delay or added cost. Proving causation connects entitlement to quantified effect and defeats speculative claims.

A scheduling technique that models activities, durations, and logic ties to identify the longest path through the network, which determines project duration. CPM schedules underpin most delay analyses and time-impact demonstrations.

The longest continuous chain of dependent activities through a network that sets the minimum project duration. Any delay on the critical path extends completion unless offset by changes elsewhere.

The amount of time an activity can slip without delaying project completion (total float) or its successor (free float). Ownership and use of float are frequently disputed in delay claims.

The difference between an activity's early and late finish dates, representing the time it may be delayed without affecting the project completion date. Its consumption or loss is often claimed as a compensable impact.

The approved schedule against which actual progress and changes are measured. It serves as the reference point for comparing as-planned versus as-built performance in delay analysis.

A schedule reflecting the actual sequence, durations, and dates of work as constructed, reconstructed from progress records. It is compared with the baseline to identify and measure deviations.

A structured methodology for determining the cause, extent, and responsibility for project delays, using schedules and records. Common methods include as-planned versus as-built, time impact, and windows analyses.

A prospective or contemporaneous technique that inserts each delay event into the schedule to measure its incremental effect on completion. It is often favored because it models causation event by event.

A delay method that divides the project into time periods, updating the schedule in each window to isolate delays occurring within that period. It allocates responsibility by comparing planned and actual performance window by window.

Two or more independent delay events occurring at the same time, each affecting completion, often caused by different parties. Its treatment affects apportionment of time and cost under the governing contract.

A delay intentionally absorbed by a contractor who slows non-critical work to match an owner-caused delay already affecting completion. It is asserted to avoid acceleration or to preserve planned resource sequencing.

Compressing the work to finish earlier than the schedule, either by direction or constructively. Costs of acceleration may be recoverable when the contractor is required to overcome excusable delay without time extension.

Acceleration compelled by circumstances rather than an express order, typically where the owner refuses a justified time extension but insists on the original completion date. The contractor incurs added cost to meet an unextended date.

A contractual communication alerting the other party to an event giving rise to a claim within a specified time. Failure to give timely notice can bar or limit recovery under notice provisions.

A contractual or statutory provision that extinguishes a claim if notice or submission is not made within a stated period. Its enforceability and effect vary by jurisdiction and contract language.

The voluntary relinquishment of a known right, such as a claim or a notice requirement, through words or conduct. A party may waive strict enforcement by accepting late notice or continuing performance.

A legal doctrine preventing a party from asserting a right or fact inconsistent with its prior conduct on which another party reasonably relied. It can bar reliance on a notice or time-bar defense.

Physical conditions at the site materially differing from those indicated in the contract or from those ordinarily encountered. Standard clauses allocate the risk and provide for equitable adjustment when such conditions arise.

A written modification, signed by authorized parties, altering the scope, price, or time of the contract. Properly executed change orders document agreed adjustments and reduce later dispute.

An informal or implied direction that alters the work without a formal change order, such as an owner's instruction or defective specification. The contractor may seek equitable adjustment as if a change order issued.

A fair and reasonable adjustment to contract price or time to compensate for a change or condition for which the owner bears risk. It aims to restore the contractor to its pre-event position without profit on unchanged work.

Monetary compensation awarded for loss caused by another party's breach or compensable event. Categories include direct, indirect, delay, disruption, and escalation costs, subject to proof and foreseeability rules.

The duty to take reasonable steps to reduce or avoid losses arising from a compensable event. Failure to mitigate may reduce recoverable damages even where entitlement is established.

Loss of productivity or efficiency caused by interference, changes, or out-of-sequence work, distinct from delay. It is often quantified through measured-mile or industry-factor approaches.

The reduction in labor output or efficiency below planned or baseline rates due to disruptive events. It is measured by comparing actual versus expected production or applying recognized empirical factors.

A productivity analysis comparing unit rates in an unimpacted period with rates during an impacted period to quantify disruption. It is often regarded as a reliable empirical method when clean data exist.

Documents created at or near the time of events, such as daily reports, logs, and correspondence, that evidence what occurred. Their reliability strongly influences the weight given to forensic analyses.

A written submission by a retained expert setting out opinions, methodology, assumptions, and supporting data. It must be defensible, transparent, and responsive to the issues and applicable rules of evidence.

Sworn out-of-court testimony given in pretrial discovery, recorded by a court reporter. Experts and fact witnesses are examined on their opinions, methods, and the documents they relied upon.

A binding dispute resolution process in which a neutral arbitrator or panel hears evidence and issues an award. It is often mandated by construction contracts and may be faster and more private than litigation.

A voluntary, non-binding process in which a neutral facilitator helps parties negotiate a settlement. It preserves relationships and confidentiality and can resolve claims without formal adjudication.

A standing panel of neutrals established at project outset to hear and issue non-binding recommendations on disputes as they arise. It provides timely, project-specific guidance and discourages escalation.

A claim seeking recovery of total additional cost without linking specific losses to specific causes. Courts and tribunals often view global claims skeptically unless a genuine impossibility of separation exists.

A damages approach computing the difference between actual total cost and the original bid or budget. It is disfavored absent proof that the claimant's estimate was reasonable and the other party caused the overrun.