Contractor Scheduling and Delay Claims

Information About Resolving Delay Claims

In the construction industry, scheduling and delay claims may be the most technical and complex kind of construction litigation cases. Design professionals, contractors and developers need to take every precaution to prevent these delay claims from costing them time and money.

Delay claims can be so much more than simply a claim that a contractor or subcontractors actions delayed the course of the project. There are actually many different types of delays and each one requires a different approach to defend. In general, however, there are two categories of delay claims:

• Excusable delays (not caused by lack of performance)

• Non excusable delays (lack of performance or breech of contract)

Excusable delays can arise from design errors or omissions requiring a contractor to spend more time on a project than initially estimated. A change in scope by the owner or developer may also lead to project delays as can a budget revision. While these changes and delays cannot necessarily be helped, they may cause your company to lose time and money.

Non-excusable delays are markedly different. Lack of performance by a contractor or subcontractor can cause non-excusable delays and cost everyone associated with the project time and money. Subcontractors are particularly vulnerable to delays due to a general contractor’s lack of performance. Many subcontract agreements can actually prevent subcontractors from recovering certain damages due to general contracting caused delays and can lead to a significant loss for small subcontractors and builders.

Delay claims can involve scheduling delays, disruptions to job performance, failure of the contractor to meet deadlines or reduce delays and actual suspension of work. Each of these situations requires vastly different issues of proof and may involve both litigation and mediation to resolve. If you find yourself involved in a scheduling or delay claim, it is important to contact a construction litigation attorney immediately. A thorough knowledge of construction law is required to limit your liabilities and protect your company from unnecessary litigation.

Before you begin work on a project, it is important to know all the terms of the contract in order to prevent unnecessary losses from occurring. A construction litigation attorney can help decipher each contract carefully, so you can ensure that your scheduling will allow you to meet the requirements of the project and prevent delay claims from occurring.

In addition to defending design professionals and construction contractors against delay claims, a construction litigation attorney can bring counterclaims against other organizations to help protect your company’s assets.

Colorado construction lawyer Jeffery A. Knoll is committed to resolving issues related to delay claims . If you have questions about protecting yourself or your company from costly construction litigation, our law firm can help. Your initial consultation is always free. We are Colorado’s construction litigation law firm. Call today at (303) 985-1185.