One must always be prepared to face delays in construction and delay claims as a result of those damages caused to the parties involved in building projects. Certainly, it is quite frightening to see a legal notice at your door regarding the construction process. Hence, this article has come up with some wise defensive tips to survive delay claims in construction.
Top 4 defense mechanisms for delay claims
Stakeholders involved in the building projects have long been running towards delay experts to get their
Whether a construction business is making a delay claim or defending against one, it’s important to know what factors might affect the viability of a construction delay claim. Here are some of the more prominent defenses for delays.
Concurrent Delay
A concurrent delay occurs when multiple activities affect the project’s timeline, but the delays don’t precisely stack on top of each other. That doesn’t necessarily mean the delays have to happen at the exact same time to be considered concurrent.
Instead, if multiple delays do occur and that they severally impact the completion date, the delays are thought to be cooccurring – a minimum of to some extent. If a delay really is co-occurring with another delay on the project, then that may be used as an argument against compensating for the defendant delay.
Proving that a delay was co-occurring typically needs in-depth skilled analysis and documentation proofs. The challenge here is the way to portion the quantity and of fault and liability of every party.
No Damages for Delay Clause
Because delays are so prevalent in the construction industry, construction contracts often include a no damages for delay clause (a.k.a. no pay for the delay). This essentially declares that delays are all part of the business, and any costs associated with them should be written off. The result? Eat any losses, request a time extension, then move on.
Improper Notice
Construction contracts are chock-full of notice requirements. Most courts take these notice provisions seriously: no notice, no claim. Contractors should familiarize themselves with these from the outset of the project. Any time a delay is encountered, send a project delay letter to the GC or owner immediately. It also helps to provide photos, documentation, or other reports to support the complaint. Where notice is required, but not sent, even the most worthy of construction delay claims can falter. It’s imperative to understand what notice is required under the contract and when that notice must be sent.
Time is of the Essence
This is a peculiar one, but it could definitely affect a claim. A “time is of the essence” clause means that the contract will hold everyone responsible for completing the agreed-upon work by the agreed-upon time. It seems obvious, right? Still, if “time is of the essence” language is in the contract, that means that any delay (even minor ones) could be considered a material breach of the contract!
Final thoughts!
It is wise to hire delay experts once you feel stuck in the legal process. The expertise of construction claims consultants is sure to make you sail through any difficulties with much ease.
More Recommended:
