Construction delays are common, but when those delays impact costs or performance, they can lead to legal disputes. This blog is thanks to our friends at Volpe Law LLC, who regularly work with clients dealing with delay-related compensation claims in the construction industry. A lawyer, like a construction lawyer, knows that whether a contractor, subcontractor, or property owner is affected, delay claims can involve substantial financial stakes and must be addressed carefully.
Types Of Delays That Lead To Claims
In construction, delays can come from many sources—weather conditions, material shortages, labor problems, or changes in project scope. Not all delays lead to compensation, but those that disrupt a contractor’s work or prevent a party from meeting its contract terms may qualify for a claim. Delays can create unexpected safety hazards on the job site, increasing the likelihood of accidents. If someone is injured due to these conditions, the company may face both delay-related disputes and potential personal injury claims, making it important to document conditions and actions taken throughout the delay.
Delays are often categorized as excusable or non-excusable. Excusable delays may result from circumstances outside the contractor’s control, such as natural disasters or unexpected government actions. In contrast, non-excusable delays happen due to preventable issues like poor project management or missed deadlines. Some delays may also be compensable, meaning the affected party can seek financial recovery.
How Delay-Related Claims Are Handled
Delay-related claims usually begin by reviewing the contract. Most construction contracts contain provisions that cover delay procedures, notice requirements, and timelines for submitting claims. A strong claim often depends on how well the delay was documented and whether the affected party followed contract terms.
Your lawyer can attest that well-drafted construction contracts are often the foundation of successful claims. Legal professionals evaluate the contract, analyze project records, and determine whether the delay was avoidable, foreseeable, or the result of another party’s actions. They also assess the financial impact to establish damages.
Common Compensation Requests In Delay Claims
Parties filing a delay claim may seek different types of compensation depending on the harm caused. Common requests include payment for idle labor or equipment, extended overhead, and added costs tied to project rescheduling. In some cases, delays can lead to lost profits, especially when a contractor is prevented from taking on new projects due to overrun timelines.
Time extensions are another common form of resolution. These may be granted without financial compensation but can protect contractors from penalties tied to missed deadlines.
The Importance Of Recordkeeping And Communication
Accurate records and prompt communication are key in delay claims. Contractors and subcontractors should maintain daily logs, emails, change orders, and delivery records to support their case. Early communication about delays, preferably in writing, helps demonstrate good faith and may reduce conflict later.
Project delays can quickly become disputes, especially when multiple parties are involved. Keeping a clear trail of who did what—and when—makes a difference in resolving delay claims effectively.
Address Delay Claims With Confidence
Delay-related compensation claims don’t have to derail your project. Taking early action, understanding your contract, and working with a commercial litigation attorney can help protect your business and keep disputes from escalating. If you’re dealing with construction delays that have led to unexpected costs or work stoppages, consider consulting a lawyer about your legal options. Our friends at Volpe Law LLC discuss how proper planning and prompt response can make a significant impact in construction-related legal matters, so reach out to them today.