Summary: When a delay occurs, where does the blame lie? And, what can that person do to help mitigate any damages.
All too often, construction projects are delayed by a significant amount of time and are ultimately finished late. Normally, the blame falls on the contractor. Moreover, contractors will also lose money due to the face that the project is taking longer than expected. The client tends to penalize them for finishing late. But, is the contractor the sole person responsible for the delay?
Circumstances Beyond Control
Many of the delays that occur on a construction site are due to circumstances beyond anyone’s control. For example, there’s a heavy downpour of rain for a week straight. Ultimately, the contract could have claimed an extension of time, which may cover additional costs incurred as a results of the delay but fail to do so.
Contractors fail to submit these claims for a variety of reasons. One common reason is that they are so focused on doing their work that they do not recognize when they have been delayed and it becomes too late to do so. Another reason is that contractors may not understand their contractual rights and simply choose not to get involved with any legal matter.
File a Claim to Avoid Penalties
It’s become vital to notify the client if a delay occurs. Not only can the client take steps to minimize the damages by rectifying the situation, but there may be an option on the table for the contractor to accelerate the work to catch up on lost time. Whatever the case may be, contractors should always submit a delay claim to avoid running into problems later down the road.
Blog submitted by Lyle Charles: Lyle Charles, of Lyle Charles Consulting, and his team of construction consultants are experienced in construction litigation, mediation, and other services. To learn more, call today.