Legal Services

Delay Claims: Protecting Your Projects from Costly Setbacks

  • Financial Impact: Construction delays cost the industry approximately $200 billion annually, with the average delay extending projects by 20-30% beyond the original schedule.
  • Increased Costs: Unplanned project extensions lead to additional labor, material, and equipment expenses, often reducing profit margins by 5-15% per project.
  • Legal Risks: Delay disputes account for nearly 40% of construction-related litigation, making proper documentation and legal support crucial.

A well-prepared delay claim can help mitigate these risks by securing compensation for unforeseen costs and protecting against unfair penalties.

Q: What qualifies as a compensable delay?

A compensable delay is one caused by factors outside your control, such as design changes, permitting issues, or owner-requested modifications. These delays often entitle contractors to additional time or financial compensation.

Q: How do I prove financial damages from a delay?

Documentation is key, keeping detailed records of project timelines, labor costs, change orders, and supply chain issues strengthens your claim. A legal team can help compile and present this evidence effectively.

Q: What is the difference between excusable and non-excusable delays?

Excusable delays are caused by events beyond the contractor’s control (e.g., extreme weather, supply shortages). Non-excusable delays result from issues within the contractor’s control (e.g., mismanagement, labor disputes). Only excusable delays may qualify for compensation or extensions.

Q: Can I file a delay claim even if the contract has a "no damages for delay" clause?

In some cases, yes. Certain state laws and exceptions (such as bad faith actions by the owner) may override such clauses. An experienced construction attorney can evaluate your options.

Q: How long does the delay claims process take?

The timeline depends on the complexity of the claim, the parties involved, and whether the dispute is resolved through negotiation, mediation, arbitration, or litigation. Well-documented claims tend to reach resolutions faster.

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  • Construction Law Expertise: We specialize in the unique legal challenges facing contractors and project managers.
  • Proven Success: Our attorneys have successfully handled delay claims ranging from small disputes to multi-million-dollar cases.
  • Aggressive Advocacy: We work to secure maximum compensation while protecting your business from undue liability.
  • Strategic Documentation Support: We help you build strong claims with detailed evidence and expert analysis.

Don't Let Project Delays Cost You, Take Action Today