Mr Marshall is, in my experience, one of the most accomplished construction professionals in his field of expertise and he is quite properly regarded as such in the industry and professional community. He has the confidence of some of the most significant construction clients in the UK, and receives repeat instructions from several of the most respected law firms.
The Adjudicator is satisfied completely that what Mr Marshall has done is to identify the as-built critical path by identifying events in that construction process which logic, experience and common sense tell you will be critical to completion of the Works. For the Adjudicator it was John Marshall who was more convincing as to Extension of Time.
John Marshall has excellent skills and technical/industry insight. His report was clear and professional and his expert input was key in bringing about XXX coming to the table.
In my judgment the retrospective approach adopted by Mr. Marshall is the better approach because it is more firmly based upon what actually happened during the course of the Works.