Defenses to Construction Delay Claims

In the construction industry, no matter how much you think you can get your project done on time, delays seem to occur. A shipping delay can cause your materials to arrive a few days late. A heavy storm can make the area muddy for several weeks. Financial difficulties may cause you to stop work for a while.

These incidents and more can cause angry homeowners to take legal action and file construction delay claims. This means your case may go to mediation or you may even have to go to court to resolve the issue.

If you need to defend a construction delay claim, it is crucial to understand the factors that can affect its success. Here are some of the most common defenses used in construction projects.

Concurrent Delay

A concurrent delay happens when multiple events or activities impact a project’s timeline, even if the delays don’t occur at the exact same moment. If each delay independently affects the completion date, they may be considered concurrent. This can serve as a defense against paying damages for a particular delay. Establishing concurrent delay usually requires detailed expert analysis and thorough documentation to determine each party’s share of responsibility and liability.

No Damages for Delay Clause

Many construction contracts include a no damages for delay clause (also called “no pay for delay”), which essentially treats delays as a normal part of construction. In such cases, a contractor can typically request a time extension but cannot claim additional costs.

The enforceability of these clauses varies by jurisdiction. Exceptions may apply if delays:

• Are not covered by the clause’s language.
• Were unforeseen at the time of contracting.
• Last an unreasonable length of time.
• Result from active interference by the owner.
• Arise from a fundamental breach of contract by the owner.

Improper Notice

Contracts often require contractors to provide timely notice when delays occur. Courts take notice provisions seriously, and failing to send the required notice can jeopardize even strong claims. Contractors should send a project delay letter immediately upon encountering delays and include supporting documentation such as photos, reports, or other evidence.

Force Majeure Events

Force majeure clauses cover unforeseeable, uncontrollable events, such as floods, fires, or other disruptions not caused by negligence. These clauses generally excuse or suspend performance when:

• The event was not reasonably foreseeable at the time of contracting.
• It is beyond the parties’ control.
• The delay is not caused or worsened by a party’s negligence.

When triggered, a force majeure event can excuse the delayed party from liability for the period of disruption, depending on the contract terms.

Contact Us Today

While most general contractors do try to get projects completed on time, a lot can happen between the start and finish dates. Delays can occur for various reasons.

Whether you are a contractor, subcontractor, or owner, schedule delays can be problematic. A Florida delay claim lawyer from Linkhorst Law Firm can assist you with your case. To schedule a consultation, call 561-626-8880 or fill out the online form.

Source:

procore.com/library/construction-delay-types