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Three Questions to Ask When Facing Construction Delays in Florida


Construction delays are a part of doing business for Florida contractors, mainly because there is no specific factor that causes them and many things can go wrong along the project path. The statistics reveal that delays are a common problem, with just 25 percent of all projects being completed within 10 percent of their original deadline. Larger projects suffer from taking around 20 percent longer than anticipated by the contractual terms. Almost all massive projects, such as shopping centers and residential developments, are behind schedule – with 98 percent being affected by delays.

It is inevitable that you will encounter delays with construction projects, and disputes can get complicated quickly. Understanding the basics of delay claims can help when you need to protect your rights, as well as when you need to defend against improper allegations. A Florida delay claims lawyer can assist with conflicts, but there are three questions to ask when you approach these issues.

Is the construction delay critical? With this question, the point is determining the effects on the project schedule. The original contract establishes the critical path, including the timeline of activities and when they need to be completed. When tasks are set to be performed according to a deadline and in designated order, each must be performed before the project can move on to the next phase. Failure to do so is a critical delay.

If a delay does not affect the critical path and will not prevent the project from progressing, it is considered noncritical. A change order will resolve the disruption.

Does the delay qualify as excusable? After determining that a delay is critical and will affect the schedule, the next inquiry is whether a party should be excused for creating it. When a delay is considered excusable, the contractor may get an extension of time to complete essential tasks, compensation for damages, or both.

The construction contract should provide details on what delays are excusable, and weather is a common provision in Florida projects. An inexcusable delay is one caused by the contractor, who will be liable for costs and damages.

Is there a compensable delay? For certain delays, the contract may state that a party is entitled to an extension of time or monetary damages. These are compensable delays. All delays which are excusable will typically be compensable because the contractor did not cause them. A contractor may claim:

  • Lost profits
  • Increased insurance costs
  • Added expenses for construction loan interest
  • Additional overhead

If the contractor was behind the disruption, there are no time extensions or compensation for non-compensable delays.

 Trust a Palm Beach County Delay Claims Attorney to Protect Your Interests

These are important questions to keep in mind if you encounter a delay claim in construction, but you can trust an experienced lawyer to advise you on details. Our team at Linkhorst Law Firm, P.A. is ready to assist, so please contact us today to set up a consultation. You can reach our Jupiter, FL offices by calling 561-626-8880 or visiting our website.



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