Understanding the Types of Construction Delays

Delays in the construction industry are nothing new, but they seem to be more common since COVID. Getting materials on time can be a real pain due to production issues and cost increases. Plus, it can be hard to find qualified workers. Because of these issues, many construction companies are short-staffed and have to spend more money to get projects done.

There are three categories of delays in the construction industry: excusable, inexcusable, and concurrent. Excusable ones are generally unforeseen circumstances that are outside of the contractor’s control and mainly include force majeure situations, such as weather, war, pandemics, and government actions.

Inexcusable delays are the ones that the contractor has control over and are the result of the contractor’s or an employee’s actions or inactions. They could be caused by factors such as labor shortages, missed deadlines, supply chain issues, poor decision making, and poor planning. Concurrent delays are ones in which two or more reasons are involved. It could be a mix of excusable and inexcusable delays.

In recent years, the COVID pandemic played a major role in construction delays. The pandemic caused supply chain issues, labor shortages, and more. Here’s a look at some other common delays in recent years.

Weather

Weather seems to have gotten more severe over the past few years. Hurricanes and tornadoes have ravaged Florida and other states. Heavy rains and snow have threatened the East Coast. Fortunately, these conditions are covered under force majeure, so they are excusable, as it can be dangerous to work in ice, snow, floods, and fires.

Labor Shortages

Labor shortages are a major cause for delays in the construction industry, as there simply aren’t enough people for all the projects going on. It is estimated that the industry has a workforce shortage of 650,000 new employees. Jobs constantly get delayed due to crew not being available when scheduled. A single-family home used to be built in 4-5 months. Now it’s at least a year.

Other Parties’ Actions

Contractors cannot control the actions of others except employees. If an architect or engineer makes a mistake, that is not the contractor’s fault. If the client requests a change order, that is beyond the contractor’s control. Any interference or change to a project is excusable and can include:

• Unforeseen site conditions.
• Change orders from the owner.
• Redesigns of project components.
• Errors or omissions by the architect.

Poor Planning

When a contractor doesn’t plan accurately for a project, this is inexcusable as this task is directly in their control. Poor management, inaccurate estimates, and other mistakes on the job have continued to cause delays, even though the pandemic is over.

 Contact Us Today

Delays can happen in many ways. Sometimes the contractor is at fault; in some cases, nobody is at fault.

However, there can be a disagreement, and when the parties cannot reach an agreement, the delay may require claim prosecution, arbitration, or litigation. A Florida delay claim lawyer from Linkhorst Law Firm can provide you with the representation you need and help you get a fair outcome. Schedule a consultation by calling 561-626-8880 or filling out the online form.

Source:

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