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What Does A Delay Expert Do In Florida Construction Project Disputes?


Delays to the construction project schedule result in significant cost overruns and related losses, and these disruptions are unfortunately quite common. Statistics on delays indicate that more than 85 percent of large-scale construction projects are not completed on time. Of these, almost 60 percent are pushed off by two months or more. Construction schedule delays can even reach a year or longer in around 13 percent of cases. As you can imagine, owners, contractors, materials suppliers, and design professionals can all be affected.

Disputes over construction delays are extremely complicated when you consider the type of delay, potential damages, and other factors. Under the circumstances, a delay expert may be useful for resolving conflicts and getting the project back on track. These professionals might also help with alternative dispute resolution or in court, if litigation becomes necessary. A Florida delay claims attorney can offer personalized advice on your situation, but an overview explains what delay experts do in construction project disputes.

 Steps in the Delay Expert Evaluation: Many professionals start from the critical path method for assessing the impact of delays. They review all relevant details to determine the foundational reason for the delays, such as a late start or pacing to slow down construction activities. Delay experts will also classify a delay as excusable versus non-excusable, and evaluate whether it is compensable or not. The steps in the analysis include:

  • Reviewing all construction contracts;
  • Going over the intended schedule and validation;
  • Comparing as-built validation and daily activities;
  • Assessing the planned method of construction, i.e., the project implementation strategy;
  • Identifying the disruption factor and quantifying the delay;
  • Analyzing causation regarding the delay and disruption;
  • Apportioning liability; and,
  • Determining the impact of weather on construction delays, which is a common factor in Florida. 

Methods of Analysis: Delay experts use a structured approach to assessing the impact of construction project delays, and one basic tactic is comparing the planned schedule to the schedule after being impacted by delays. The person will insert the delay factor into the original base schedule and determine how it affects all parties. Additional analysis techniques include:

  • Eliminating the delay from the equation and pinpointing when the construction project would have been completed had these events never happened;
  • Comparing the as-planned and as-built scenarios by looking at the actual start/finish dates and what they would have been had the critical path been followed;
  • A time impact analysis, which takes into account each delay in chronological order and assigns a dollar value based upon how it affects the schedule; and,
  • Looking at delays in terms of windows of time, compartmentalizing them to quantify the effect of delays on that particular section of the schedule. 

Contact a South Florida Delay Claims Lawyer for Additional Information

Because of the complexities of delays and how they affect the different parties involved with a construction project, legal counsel is critical. Our team at Linkhorst Law Firm, P.A. is experienced with delay claims, so please contact us today to set up a consultation. You can reach our offices in Jupiter, FL by calling 561-626-8880 or visiting us online.



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