What happens when a construction project doesn’t stay on schedule? In commercial construction, delays can disrupt budgets, strain relationships, and lead to complex legal disputes.
Whether caused by unforeseen circumstances or mismanagement, project delays often become a significant pain point for contractors and developers alike. Understanding your rights surrounding delay claims, and when it’s appropriate to bring in a North Carolina construction lawyer, can help you safeguard your business and protect your bottom line.
What Are Delay Claims?
Delay claims arise when a construction project’s timeline is disrupted, leading to additional costs or lost revenue. Contractors may file claims to recover expenses related to extended overhead, equipment rentals, or labor costs. On the other hand, project owners may seek damages for delayed occupancy or missed deadlines.
Common Types of Construction Delays
- Excusable Delays: Caused by unforeseeable events, such as extreme weather or labor strikes. These are typically beyond the control of any party.
- Non-Excusable Delays: Result from contractor or subcontractor negligence, such as poor planning or insufficient staffing.
- Compensable Delays: Allow contractors to recover financial damages when delays are caused by the project owner, such as late approvals or design changes.
How Should You Manage A Construction Delay Claim?
Document Everything
Thorough documentation is the foundation of a strong delay claim. Keep detailed records of daily progress, change orders, and communications. Project schedules, photos, and logs can be invaluable evidence in proving the cause and impact of a delay.
Review Your Contract
The terms of your construction contract play a pivotal role in resolving delay claims. Pay close attention to provisions related to:
- Force Majeure: Defines uncontrollable events and their impact on liability.
- Notice Requirements: Outlines when and how delay notifications must be submitted.
- Liquidated Damages: Specifies pre-agreed penalties for failing to meet deadlines.
Identify the Cause and Impact of Delays
Successfully resolving a delay claim requires demonstrating both the cause and the impact of the delay. For example, if adverse weather prevented work, you must show how it directly affected the project timeline and incurred additional costs.
The Role of North Carolina Construction Law Attorneys
Disputes over delay claims can quickly escalate, often requiring legal intervention. A knowledgeable construction law attorney can help you:
- Interpret Contract Terms: Clarify your rights and obligations under the agreement.
- Negotiate Settlements: Avoid costly litigation by reaching mutually agreeable solutions.
- Litigate When Necessary: Build a strong case if the matter proceeds to court or arbitration.
How Anderson Jones, PLLC Can Help
With over 20 years of experience in construction law, we understand the complexities of delay claims in commercial construction. Our attorneys are well-versed in the nuances of state and federal construction laws.
Whether you’re a contractor seeking compensation or a developer defending against claims, we provide tailored strategies to resolve disputes efficiently and effectively. Contact us today to schedule a consultation to review your claim and help with your options to keep your project running smoothly.