A delay on a commercial building project, no matter how small it initially may seem, can implicate multiple parties and have serious financial consequences. Delay claims are a complex part of a construction dispute and can be caused by several different circumstances. In many instances, delay claims can be impacted by the language in the construction contract at issue. The construction contract may include “no damage for delay” clauses, which are sometimes enforceable, and sometimes not. Additionally, delay claims may involve liquidated damages aspects if a construction project is extended beyond the contractual completion date.
A construction project delay can be caused by owner-driven changes to the plans and specifications, forces of nature, slow design professional responses to RFIs, differing site conditions, and many other regularly occurring activities on a construction project.
The attorneys at Shields | Mott are experienced in prosecuting and defending delay claims. Understanding the aspects of a delay claim, and the possible limitations of the delay claim, are important in determining whether delay claims can be proven. We offer assistance in making sure these claims are resolved just like any other construction dispute.