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Types of Construction Delays

Construction Law Firm » Types of Construction Delays

Construction delays are a common issue in Florida construction projects. There are a number of different types of construction delays that can occur, and each one can cause significant pain points for contractors, design professionals, and property owners. In this article, we will discuss the different types of construction delays and the legal issues involved in these matters.

Excusable Delays in Construction

Construction delays are a common issue in construction projects, but not all delays are created equal. Some construction delays are considered excusable, while others are not. Here are some different types of excusable construction delays and the legal issues involved in these matters.

Acts of God

One of the more common types of construction delays is by Acts of God. These delays can be caused by floods, fires, or other natural disasters that impact the construction site. In some cases, these delays may be beyond the control of the contractor or property owner.

Revisions by the Owner

Another type of construction delay that is relatively common is when revisions are made by the owner that impact the project’s timeline. This can often happen when the owner makes changes to the construction project after contract signing or when the owner adds new requirements that were not originally part of the contract.

Unavailability of Materials

This type of construction delay can be caused by the unavailability of materials. This can happen when construction projects are delayed due to shortages in materials or because the materials need to be shipped from far away. In some cases, unavailability of material can result in excusable delay

Labor Disputes

Finally, labor disputes can also cause construction delays. These disputes may be between the contractor and the workers, or they may be between different unions. In some cases, these labor disputes may be beyond the control of the contractor or property owner.

Inexcusable Delays in Construction

Inexcusable delays can be caused by the actions or inaction of various parties during the course of a construction project. These types of delays typically involve things that the owner believes the contractor caused. Here are some different types of inexcusable construction delays and the legal issues involved in these matters.

Scheduling Delays

A common cause of construction delays is poor scheduling and sequencing of work. If the contractor fails to consider proper sequencing of the various subcontractor trades and delivery of materials, a disorganized construction site can be the result.

Sub-Standard Performance by a Contractor/Subcontractor

Another cause of project delays is the sub-standard performance by a contractor or subcontractor. This can include things like construction projects that are delayed due to problems in the construction of the foundation or framing. It can also include construction projects that are delayed due to the installation of faulty electrical or plumbing systems. Many things can go wrong on a construction project that contribute to delays. Some of those could be the contractor’s responsibility and some could be the responsibility of the owner or even the design team.

Avoidable Injuries on the Worksite

Another cause of construction delays is avoidable injuries on the worksite. This can include construction projects that are delayed due to the hospitalization of a construction worker. It can also include construction projects that are delayed due to the death of a construction worker.

Mismanagement of the Work or Construction Site

Another cause of construction delays is mismanagement of the work or construction site. This can include construction projects that are delayed due to construction workers not following safety protocols. It can also include construction projects that are delayed due to the construction site being left unsecured.

Negligence of One Party (Including the Owner or Designers)

Another cause of construction delays is the negligence of one party (including the owner or the project designers). This can include construction projects that are delayed due to the construction company not having the proper insurance. It can also include construction projects that are delayed due to the construction company not following the specific terms and conditions of the construction contract.

Action or Inaction of the Owner

Another cause of construction delays is the action or inaction of the owner. This can include construction projects that are delayed due to the owner changing the construction plans. It can also include construction projects that are delayed due to the owner not providing the construction company with the necessary permits.

Each of these types of construction delays can cause significant problems for a construction project. If you are experiencing any type of construction delay, it is important to understand your legal rights and options. An experienced construction lawyer can help you navigate these issues and protect your interests.

How Should I Handle Construction Delays?

If a construction delay is caused by the actions or inaction of the owner, contractor, subcontractors, or designers, it is important to understand your legal rights. These rights are most often spelled out in the various contracts pertaining to the project. There are often strict notice requirements within construction contracts that must be followed in order to obtain time extensions. There can be no damage for delay and force majeure clauses to consider. Every situation is different and delay claims can be very complex to analyze.

When construction delays occur, it is important to understand all of the different types of delays and the legal issues involved. If you are experiencing construction delays, it is important to consult with an experienced construction lawyer to understand your rights and options.

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