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How A Florida Construction Lawyer Helps With Delay Claims


Delays are an unfortunate reality in Florida construction projects, so contractors, subs, developers, owners, and many other parties can be affected by them. In an assessment of the global construction industry, the Associated Schools of Construction found that 98 percent of projects across North America experience timing setbacks of some sort. Of these, the project duration is 37 percent greater than the original scope. These percentages translate into dollars lost, often prompting the aggrieved party to pursue a delay claim.

Whether you are enforcing your rights or defending allegations of delay, it is critical to have experienced legal counsel on our side. The statutes, case law, and regulations are complicated, and you put your interests at risk by attempting to work through matters on your own. Some information on how a Florida delay claims attorney can help with disputes should be convincing.

Assess Excusable or Non-Excusable Delay 

The contract should be specific in describing this factor:

  • An excusable delay is one that is not foreseeable and not within the contractor’s control. Examples include weather and labor strikes, but some acts by the owner may also fall in this category.
  • A non-excusable delay is the opposite, i.e., the contractor’s delay is due to factors that are foreseeable and within its control. Being predictable, the delaying event should have been planned.

An attorney can explain how a delay is categorized, which is key because it affects whether a contractor has additional time to perform. It also dictates damages that one party may owe to compensate the other for losses.

 Determine Compensable v. Non-Compensable Claims 

In the event of an excusable delay, the next inquiry is whether an aggrieved party should receive damages. The contractor will incur time-related costs, so it could recover these amounts if the contract allows it. The language of the agreement should provide details on compensable versus non-compensable claims, and your lawyer can advise you on strategy.

 Seeking or Defending Delay Damages 

When a delay is classified as a compensable claim, it is important for both sides of the matter to understand the damages that are available. There are some that are clear, including added labor costs and expenses to rush supplies. However, a party may also be able to recover the basic overhead of running a business.

An attorney can advise you on damages for delay claims, including details on what your contract says about liquidated damages. For instance, some agreements include a provision in which the contractor pays a certain amount per day for every day past the substantial completion date.

Contact Our Florida Delay Claims Lawyers to Set Up a Consultation

There can be challenges with enforcing or defending your rights in a construction delay claim, so guidance from a knowledgeable attorney is crucial. For more information on how Linkhorst Law Firm, P.A.can help, please call 561-626-8880 or visit our website to schedule a consultation. Our office serves Palm Beach County and South Florida in a wide range of construction matters, so we are happy to advise you.



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