This paper explores the retrospective application of Time Impact Analysis (“TIA”) as a structured and defensible method for assessing Extension of Time (“EOT”) entitlements in complex construction projects. While the D&D Protocol’s Core Principle 4 designates TIA as a preferred technique, Core Principle 11 raises concerns when delay assessments occur after events have passed or works are completed. In practice, however, many EOT claims are submitted late, making retrospective use of TIA both necessary and inevitable.
Key enhancements for retrospective TIA include: (1) modeling Employer Risk Events as Fragnets - categorized into ‘Delayed Actions’ and ‘Significant Changes’; (2) ensuring progress and remaining durations reflect what was reasonably anticipated at each Data Date; and (3) defining logic links based on contemporaneous logic rather than as-built outcomes.
Ultimately, the refined application of retrospective TIA offers a methodologically sound and contractually credible framework for delay analysis, supporting fair and transparent dispute resolution consistent with the D&D Protocol’s intent.