In construction, delays happen. When you are building a structure with a large amount of people, many moving parts, and uncertain weather conditions, things might get pushed back a day or two. However, it’s when work gets pushed back beyond a few days that it becomes a problem. When critical pieces of a project are delayed, it can stall a project as a whole, costing thousands of dollars.
What is a Delay Claim?
One way contractors can protect themselves against costly delays is by filing a delay claim against the developer or site owner. A delay claim is a maneuver that asserts that a project has been delayed due to an activity or inactivity of a site owner or developer. It states that, because of the delay, a contractor is entitled to additional time to complete the project or compensation for money lost during the delay. A Florida construction lawyer can help you file and defend this type of claim.
Delay Causes
Construction delays that lead to claims being filed include:
- Change orders
- Defective design plans
- Differing site conditions
- Restricted access to a site
- Awaiting permits and approvals
What Must Contractors Prove When Filing a Delay Claim?
Delay claims are complex because there are a number of factors that may determine why a project experienced a delay. It also must be proven who is responsible for the delay and if it was detrimental to the project. To that point, the determining factors of a delay’s impact and, to a certain degree, whether a delay claim can be made include:
- Did the delay impact the critical path of the project? – Certain delays can significantly alter a project schedule because they involve activities that impact other activities. For example, drywall cannot be installed until insulation is installed in a wall. A wall can’t be painted until the drywall has been done. So delays in installing insulation can hurt the drywall and painting processes and, thus, is a part of the critical path of a project.
- What caused the delay? – This is a tougher question and is at the heart of whether you will be able to defend your claim or not.
- Can the delay be quantified? – Can it be proven that the delay cost the contractor money? For example, did the contractor have to pay for workers while they waited to start a certain aspect of the project?
To request a consultation with a member of our team of reputable Florida construction lawyers, please call us today at 813.579.3278 or submit our contact request form.
