Expert Witness Journal Issue 65 February 2026 - Flipbook - Page 32
However, the performance achieved line shows an
improvement in the week immediately before the
update. If this improved rate continues, the forecast
昀椀nish date for Activity 1 is 20 June (diagram 5).
Below, diagram 4
I am not saying the programme update is obsolete,
far from it, it is the programme that identi昀椀es the
starting point for the analysis.
Activity 1 in this example is a driving critical activity,
therefore any delay to it has a direct equal e昀昀ect on
the completion date for the whole project. Having
the performance data available and presented in a
simple format such as these graphs, the project team
is better equipped to make informed decisions and
potentially, take corrective actions.
Below, diagram 5
Why is productivity down? Do we continue as we
are? Was the improvement a blip? Can we improve
and mitigate?
Back in my time as a project planner I was lucky
enough to be site based full-time. This made it
easy for me to actively monitor the programme
and the performance. I realise in today’s world,
having a full-time planner may be a luxury that the
contractor cannot a昀昀ord in terms of cost or simple
availability. But that does not prevent the site team
from carrying out the performance monitoring. It
does not need to have a full-blown EVA technology
system; a simple Excel spreadsheet (or even pen
and paper) will also do the trick. It is more about
recognising the problem and doing something
about it.
2
Association for the Advancement of Cost Engineering
(AACE) International, Inc., ‘Estimating lost labor productivity
in construction claims, AACE International Recommended
Practice No. 25R-03’ [2004].
3
FMI Labor Productivity Study 2023.
4
Society of Construction Law ‘Delay and disruption Protocol’
2nd Edition (2017), paragraph 18.13.
Mr. Glenn Horton
A 昀椀nal thought
Consultant Fire Engineers
I would suggest to anyone reading this article that
having reached its end, it might be a good time for
some inward review. Ask yourself and your team: if
you were now tasked to prepare a disruption claim:
could you? Are the records of a suitable level of
detail? Indeed, stepping back a little further: do the
records even exist?
Chartered Fire Engineers, Chartered Members
of IFE & CABE, Prof M SFPE MEWI
A significant portion of my workload is comprised of numerous cases involving the
use of combustible materials in the build-up of external walls, alongside other
alleged fire safety deficiencies. My instructions generally involve compliance with
guidance, regulations and contracts, organising fire tests for systems and materials.
I specialise in the application of Part B of Building Regulations, the Regulatory
Reform (Fire Safety) Order 2005& the design and installation of fire fighting
systems in England and Wales. Taking instruction in relation to the cause, origin and
spread of fire and have worked on a number of significant matters in this field.
And if you’re on a live project that is currently on
programme, is your productivity what it should be
or is there a large bill looming for increased labour
costs?
I have extensive experience including the preparation of reports under CPR for
Civil and Criminal cases and an extensive CV of cases and formal instructions, as
well as attendance at court, adjudications and mediations
I have worked throughout the UK (including the Channel Isles & Scotland), Asia,
Europe and Africa. Specialising in working with clients who have fire safety issues,
whether they be civil or criminal matters.
David Waddle DipICArb FCIOB FAPM MCIArb
AMICE is a Regional Director and Construction
Expert Witness with Rimkus Consulting. David has
more than 40 years civil and building experience
working on major UK projects both as a site-based
planner and project manager, and as a delay and
construction management consultant.
Recent cases include: Provision of expert support arising out of construction
defects, exposing our client to potential prosecution due to alleged non-compliant
external wall build-up; expert reports following post-fire prosecution; application
to have a formal notice withdrawn, contractual disputes between landlords and
tenants.
I have been involved in fire safety since 1981, initially as fire officer, then
subsequently as a fire consultant and engineer.
david.waddle@rimkus.com
Contact: HH Legal Support | Telephone: +44 (0)207 193 2990
Mobile: +44 (0)797 091 4416 | Email: glennhorton@HHlegalsupport.com
Website: www.hhlegalsupport.com
References
1
Society of Construction Law ‘Delay and disruption Protocol’
2nd Edition (2017), paragraph 18.1.
EXPERT WITNESS JOURNAL
30
FEBRUARY 2026
