Service
Disruption Expert Witness for Loss of Productivity Claims
Independent evidence on how events on a project reduced productivity, by how much and at what cost — for arbitration across the GCC and proceedings in the DIFC Courts, ADGM Courts, QICDRC and BICC.
- DIAC
- arbitrateAD
- SCCA
- QICCA
- BCDR
- DIFC Courts
- ADGM Courts
- QICDRC
- BICC
Delay is about time. Disruption is about efficiency. A project can finish on time and still suffer heavily from disruption: labour working out of sequence, crews waiting for access, trades stacked on top of each other, constant redesign and rework. The result is more hours, more cost and lower margins — even where the completion date is met.
Disruption claims are among the hardest construction claims to prove. Lost productivity is rarely recorded directly, and tribunals are rightly sceptical of claims that compare total hours spent with an optimistic tender estimate. What persuades is analysis that links specific events to measurable productivity loss, using the project's own records.
We give independent evidence on disruption: whether productivity was lost, what caused it and how much it cost. We act on construction, infrastructure and energy projects across the UAE, Saudi Arabia, Qatar, Kuwait, Bahrain and Oman.
What a disruption expert witness does
A disruption expert is a planning, productivity or quantum specialist who gives independent opinion evidence on loss of productivity. That means:
- Identifying disrupting events — what happened, when and which activities it affected.
- Measuring productivity — using labour, plant and progress records to establish actual productivity in disrupted and undisrupted periods or areas.
- Selecting the right method — choosing an analysis that the records can support, and explaining why.
- Separating causes — distinguishing the effects of the events complained of from the contractor's own inefficiencies, under-tendering and other risks.
- Valuing the loss — converting lost productivity into cost, in coordination with the quantum expert and without double counting delay costs.
“Our overriding duty is to the tribunal or court, not to the party who appoints us.”
Disruption issues we advise on
Measured mile analysis
Comparing productivity in an unaffected period or area with a disrupted one — the method tribunals generally find most persuasive where the records allow.
Earned value analysis
Comparing earned and actual hours across the project to identify when and where productivity fell away.
Programme-based disruption analysis
Using the programme and progress data to show out-of-sequence working, stacking of trades and interrupted workflows.
Comparison with other projects
Benchmarking against comparable projects where no reliable unaffected period exists on the project itself.
Industry studies and factors
Assessing the use of published productivity studies and factors — and their limits when applied to a particular project.
Variations and cumulative impact
The knock-on effect of a large number of variations on the productivity of unchanged work.
Acceleration and resource-driven claims
Productivity losses from overtime, shift working and overcrowding where the contractor accelerated.
Critiquing global and total-cost claims
Testing disruption claims that compare total cost with tender allowances, and identifying what can be salvaged from them.
Disruption, delay and quantum: working together
Disruption and delay often arise from the same events but have different consequences. Disruption costs and prolongation costs must not overlap, and the disrupting events must be consistent with those in the delay analysis.
We work closely with delay and quantum experts so that each event's time and productivity effects are separated, each cost is claimed once, and the tribunal can follow the link from event, to disruption, to cost.
RelatedForensic Delay Analysis →Quantum Expert Witness →Delay & Disruption Quantum Guide →
How an engagement works
- 1
Conflict check and initial call
A short, confidential conversation about the project, the claim and the timetable. We complete a conflict check before receiving any documents.
- 2
Scope and letter of instruction
We agree the questions to be answered, the records needed and the programme and fee basis.
- 3
Records review
We review labour allocation sheets, timesheets, progress records, programmes, daily reports and correspondence, and assess which methods the records can support.
- 4
Analysis
Productivity analysis using the most reliable method available, with sensitivity testing of key assumptions.
- 5
Expert report
An independent report setting out the disrupting events, the method, the measured productivity loss and its value — with alternatives where facts are in dispute.
- 6
Joint meetings and the hearing
Meetings with the opposing expert, a joint statement and oral evidence at the hearing, including expert conferencing where directed.
Independence and professional standards
Our evidence is prepared to meet the expectations tribunals and courts place on experts in the region, including:
- the IBA Rules on the Taking of Evidence in International Arbitration (2020), where adopted;
- the CIArb Protocol for the Use of Party-Appointed Expert Witnesses in International Arbitration;
- the procedural rules of the relevant arbitral institution, such as the DIAC 2022 Arbitration Rules;
- the expert evidence requirements of the DIFC Courts, ADGM Courts, QICDRC and BICC; and
- recognised guidance on disruption analysis, including the Society of Construction Law Delay and Disruption Protocol, where relevant.
Every report includes a declaration of independence and a statement of the expert's duty to the tribunal or court.
Where we act
Arbitration
Institutional and ad hoc arbitrations across the GCC, including DIAC (Dubai), arbitrateAD (Abu Dhabi), SCCA (Saudi Arabia), QICCA (Qatar), BCDR (Bahrain), KCAC (Kuwait) and OAC (Oman), as well as ICC and other international rules with a GCC seat or GCC project.
Offshore courts
DIFC Courts (including the Technology and Construction Division), ADGM Courts, the Qatar International Court and Dispute Resolution Centre, and the Bahrain International Commercial Court.
Where we act: independent expert witness services in arbitration across the GCC and in the DIFC Courts, ADGM Courts, QICDRC and BICC. We do not provide expert evidence in onshore court proceedings.
View all GCC locationsSectors
- Building and real estate
- Infrastructure and transport
- Rail and metro
- Aviation
- Energy and utilities
- Renewable energy
- Water and wastewater
- Oil and gas
- Industrial and process
Who we work with
For lawyers and in-house counsel
Disruption claims are often pleaded on weak foundations. We assess early what the records can support, recommend the method most likely to persuade the tribunal, and give evidence that links each event to its productivity effect — or test the other side's claim against the same standard.
Discuss an instructionDisruption claims are often pleaded on weak foundations. We assess early what the records can support, recommend the method most likely to persuade the tribunal, and give evidence that links each event to its productivity effect — or test the other side's claim against the same standard.
Discuss an instructionWhat you receive
- An early, candid view of what the records can support
- An analysis using the most reliable method available
- A clear, independent expert report with alternatives where facts are disputed
- Disruption costs reconciled with delay costs to avoid double counting
- A joint statement with the opposing expert that narrows the issues
- Clear, consistent oral evidence under cross-examination
Frequently asked questions
Need a disruption expert witness?
Tell us about the project, the claim, the forum and the timetable. We'll complete a conflict check and come back to you promptly.
Discuss an instructionPlease do not send confidential documents until a conflict check has been completed.