As construction and infrastructure projects across Africa grow ever more complex, so too do the disputes that sometimes arise when timelines slip, costs escalate, or contractual obligations come under scrutiny. Resolving these disputes objectively and efficiently requires more than just legal argument. It demands clear, credible technical evidence and quantum calculations that can withstand the rigours of litigation and arbitration.
This is where forensic consulting services such as expert witness testimony, quantum calculations and delay analysis play a vital role. By bridging the gap between technical complexity and legal process, these disciplines help courts and tribunals understand the facts, assign responsibility and determine fair outcomes.
Robert Palmer, Head of Afroteq Professional Services, explains: "In construction and infrastructure disputes, the truth is often buried in thousands of pages of data, drawings, schedules and invoices. Our job is to extract that truth, explain it in clear, objective terms, and support the legal team with evidence that is both technically robust and legally admissible."
In the field of expert witness services, independent specialists are called upon to provide impartial, fact-based testimony in legal proceedings. Across numerous high-stakes cases, experts have helped arbitrators and judges navigate the intricate details of engineering failures, contractual breaches and project delays.
“Credible experts are valued not only for their deep technical, programme and financial knowledge, but also for their ability to communicate complex findings clearly and remain composed under cross-examination,” Palmer says.
Another cornerstone of dispute resolution is quantum calculation, which involves quantifying damages, costs and contractual entitlements. For example, skilled forensic analysts can assess the financial impact of underpaid variations or disruption claims and provide valuations that stand up to scrutiny. In many cases, these analyses facilitate settlements before disputes escalate to formal hearings, thereby saving all parties time, money and uncertainty.
Equally critical is delay analysis, which examines construction schedules to determine why and how projects deviated from plan. Retrospective and prospective methodologies can uncover whether delays were due to contractor inefficiencies, unforeseeable external events, or client-driven changes.
"These analyses don’t just help decide who is at fault. They also help legal teams tell a coherent, evidence-based story. That narrative is crucial for persuading a tribunal or judge. For example, we recently assisted in a case involving a collapsed and rebuilt ship loader. Delay analysis demonstrated that external factors beyond the contractor’s control caused the delays, leading to the dismissal of liquidated damages claims”, he explains.
As disputes become more complex, the value of disciplined, objective technical analysis is indisputable. For legal professionals navigating contentious construction and infrastructure matters, forensic experts offer more than just calculations and reports. They provide clarity, credibility and a more persuasive case.
Concludes Palmer: “Attorneys benefit most when they engage forensic experts early. Beyond technical expertise, we understand the procedural and evidentiary demands of litigation and help legal teams avoid common pitfalls in document preparation, evidence presentation and risk assessment. Our expertise lies in shedding light on the technical issues and giving decision-makers the confidence to resolve disputes equitably. We encourage legal practitioners to reach out to us early in the process. Partnering with the right forensic experts can make all the difference in achieving a successful outcome.”
