Delay Is Inevitable, Outcomes Are Not:
A Forensic and Legal Perspective for Managing Successful Construction Projects
Liling Cao, Thornton Tomasetti
Virginia Trunkes, Robinson + Cole LLP
Project delays rarely stem from a single event — and just as rarely are they understood correctly while the project is still underway. Schedules show when work slipped, but they often fail to explain why it happened or how responsibility is contractually allocated. For project managers, these gaps between technical assumptions versus reality – and contract impressions versus proper interpretation – can quietly shape outcomes long before a claim is ever asserted. Drawing from real‑world case studies, a forensic engineer and construction attorney explain how design issues, RFIs, sequencing changes and mitigation efforts compound over time — and why those facts often point to a very different delay narrative and permissible risk-shifting than the CPM schedule alone suggests. Attendees will learn how forensic professionals distinguish root causes from downstream effects, how construction contracts and courts actually allocate schedule risk (despite sometimes misleading language or unenforceable terms), and how understanding both the technical and contractual dimensions of delay can better influence project performance and contractual outcomes.


