Building on the discussion of float ownership, Core Principle 9 of the SCL Delay and Disruption Protocol focuses on how float should be identified in a construction programme. The Protocol's guidance is rooted in good planning practice, and reflects the techniques used by every reputable delay expert witness operating in the Middle East and internationally.
Float is identified through Critical Path Method (CPM) scheduling, typically using software such as Primavera P6 or Microsoft Project. The scheduling engine calculates early start, early finish, late start and late finish dates for every activity, based on the network logic and activity durations. The difference between the early and late dates produces the total float for each activity.
For float to be meaningful, the underlying programme must be properly constructed: every activity should have at least one logical predecessor and one successor (other than the start and end milestones), there should be no open ends, no negative lags without justification, and constraints should be used sparingly and transparently. A delay expert witness will routinely test the integrity of the programme using diagnostic tools such as the DCMA 14-point assessment before placing reliance on calculated float values.
The Protocol cautions against the use of programmes that contain artificial constraints, excessive lags or unrealistic activity durations designed to create or conceal float. Such programmes are common in disputes — particularly where one party has incentives to overstate or understate float for tactical reasons — and tribunals are generally alert to them.
When presenting float in a delay analysis, the expert should be transparent about the source of the float values, the date of the programme used, and any adjustments made. Where the contemporaneous programme is defective, the expert may need to construct a 'reasonable as-planned' programme as a baseline; the basis for any such reconstruction should be fully disclosed.
In the Middle East, where complex multi-package projects are the norm, the proper identification of float across interfacing programmes is particularly important. Sub-contractor programmes, employer-direct works and external interfaces all introduce additional float dynamics that need to be considered. A skilled delay expert witness will navigate these interfaces carefully, ensuring that the float analysis accurately reflects the contemporaneous reality of the project.