A working glossary of the terms, methodologies, rules and institutions that come up on almost every construction dispute. Written for hiring managers, in-house counsel, junior lawyers and engineers new to expert-witness work. Maintained by the specialist forensic desk at JustEng Recruitment.
Methodologies & analysis
SCL Protocol (Society of Construction Law Delay & Disruption Protocol)
The Society of Construction Law Delay & Disruption Protocol (2nd edition, February 2017) is the leading international guidance on delay and disruption analysis. It sets out six recognised methodologies for time-impact analysis and is treated by tribunals in the UK, the Gulf and Asia-Pacific as the default framework. Fluency in the Protocol is a de-facto requirement for any delay analyst or delay expert role.
Time Impact Analysis (TIA)
A prospective, contemporaneous delay analysis method that inserts delay events into an updated baseline programme to model their effect on completion. Often required by NEC contracts; contested when applied retrospectively.
Windows Analysis (Time Slice)
A retrospective delay analysis method that divides the project into “windows” (typically monthly) and identifies the critical path drivers in each. The SCL Protocol’s preferred retrospective methodology.
Collapsed As-Built (As-Built But-For)
A retrospective method that removes claimed delay events from the as-built programme to model what completion date would have been achieved but for those events. Simpler than Windows Analysis but heavily challenged in common-law tribunals; still common in Gulf arbitration.
Impacted As-Planned
A prospective method that adds delay events to the baseline programme. Rarely accepted alone as it ignores the reality of contemporaneous progress; still useful for illustration.
Measured Mile Analysis
The dominant disruption analysis method: identify a non-impacted period, measure productivity, and compare against the impacted period to quantify lost productivity.
Hudson Formula, Emden Formula, Eichleay Formula
Three methods for calculating head-office overhead recovery on prolongation claims. Hudson is used in the UK and Gulf; Emden is a variant; Eichleay dominates in the US.
UK statutes, rules and institutions
CPR Part 35
Part 35 of the Civil Procedure Rules governing expert evidence in England and Wales. Sets out the duty of an expert to the court, permitted forms of report, and the framework for joint statements and concurrent evidence (“hot-tubbing”).
Technology and Construction Court (TCC)
The specialist division of the High Court in London that hears major construction and engineering disputes. The most-reported source of UK construction case law.
Building Safety Act 2022
UK primary legislation introduced post-Grenfell, creating the Building Safety Regulator, the Higher-Risk Building regime (Gateway 1/2/3), a 30-year retrospective limitation period for defective premises claims, and the Building Liability Order regime.
Building Liability Order (BLO)
A court-made order under s.130 of the Building Safety Act 2022 extending liability for defective premises to a body corporate’s associated companies. The first BLO by default judgment was made in Mulalley v Sto in July 2026, holding a German parent company liable for its UK subsidiary’s defective cladding at an 87.5% contribution.
Defective Premises Act 1972
The UK statute imposing a duty to build dwellings fit for habitation. The Building Safety Act 2022 extended its limitation period retrospectively to 30 years for completed work.
Housing Grants, Construction and Regeneration Act 1996 (“Construction Act”)
UK legislation giving construction parties a statutory right to adjudication and staged payment. Adjudicators’ decisions are binding unless overturned in arbitration or litigation.
LCIA (London Court of International Arbitration)
A leading global arbitral institution, headquartered in London. Frequently chosen for international construction disputes.
Middle East institutions
DIAC (Dubai International Arbitration Centre)
The main institutional seat for construction arbitration in the UAE, restructured post-Decree 34 (2021) which merged the previous DIFC-LCIA and EMAC caseload into DIAC.
DIFC Courts
The independent common-law court system in the Dubai International Financial Centre; frequently used for construction disputes with an international element.
ADCCAC (Abu Dhabi Commercial Conciliation and Arbitration Centre)
The Abu Dhabi institutional seat.
SCCA (Saudi Center for Commercial Arbitration)
Riyadh-headquartered institution; the default choice for Saudi Vision 2030-related disputes.
QICDRC (Qatar International Court and Dispute Resolution Centre)
Qatar’s institutional seat.
Asia-Pacific & global institutions
SIAC (Singapore International Arbitration Centre)
The world’s most-preferred seat for international arbitration outside London, with an unusually construction-heavy caseload.
HKIAC (Hong Kong International Arbitration Centre)
The regional leader for PRC-related construction arbitration.
ACICA (Australian Centre for International Commercial Arbitration)
Australia’s domestic and international arbitration institution.
ICC (International Chamber of Commerce)
Paris-headquartered; runs a construction-heavy caseload globally.
AAA / JAMS / ICDR
The three main US-based arbitral institutions used on construction disputes.
Contract forms
NEC (New Engineering Contract)
The dominant UK public-sector contract family (NEC3, NEC4). Its Compensation Event and Early Warning mechanisms make TIA-style analysis a contractual requirement.
JCT (Joint Contracts Tribunal)
The dominant UK private-sector building contract family.
FIDIC (International Federation of Consulting Engineers)
The dominant international contract family (Red Book for construction, Yellow for design-build, Silver for EPC, Gold for DBO). Reference contracts for the Gulf and much of APAC.
Reports & documents
Scott Schedule
A tabular pleading of defects setting out claim, defence, and expert response side-by-side. Standard on defects litigation in the UK, Ireland, Australia and Singapore.
Expert Report
A written independent report prepared for the court or tribunal, complying with CPR Part 35 (in England) or the equivalent rules of the seat. Signed with a Statement of Truth.
Joint Statement
A document produced by opposing experts identifying agreed and disagreed points prior to trial. In many tribunals, only the disagreed points remain live.
IBA Rules on the Taking of Evidence in International Arbitration
The default procedural framework for expert evidence in most international arbitrations.
Professional bodies & qualifications
Chartered Engineer (CEng)
UK-registered chartered status; typically via MICE (civil), MIStructE (structural), MCIBSE (services), IFireE (fire), MIET (electrical).
MRICS / FRICS
Royal Institution of Chartered Surveyors membership / fellowship — the dominant credential for quantum experts and quantity surveyors.
MCInstCES
Chartered Institution of Civil Engineering Surveyors membership; alternative credential for quantum experts.
FCIArb / MCIArb
Chartered Institute of Arbitrators fellowship / membership; the dominant credential for arbitrators and testifying experts.
EWI (Expert Witness Institute)
UK-based professional body for expert witnesses; membership signals cross-examination-ready credibility.
Cardiff University Bond Solon Expert Witness Certificate
The dominant UK training pathway for engineers becoming expert witnesses.