What Are the Different Types of Construction Delays?
Learn about the different types of construction delays below and how to get help from an experienced construction litigation attorney in Fort Lauderdale, Florida.
Critical and Noncritical Construction Delays
A critical delay is a delay in the project that will have an impact on the date of its completion or the date another key milestone is to be reached. To start the phase of the project to begin, these critical tasks must be completed at precise times and in a specific sequence.
The delay is considered non-critical if it has no impact on the critical path of the project. For example, non-critical delays can impact the completion date of certain smaller tasks or activities but do not change the project’s completion date or the date of any key milestone.
Excusable and Inexcusable Construction Delays
An excusable delay entitles the contractor or developer to a reasonable time extension, reimbursement, or in some cases, both. Excusable delays are generally considered out of the control of the contractor, such as a natural catastrophe or another issue where a force majeure clause would apply. Other causes of delays that may be excusable include omissions or errors in the blueprints or complications caused by the customer themselves.
Inexcusable delays, however, occur when the contractor is solely accountable for a delay in the project or the failure to meet a milestone. In these cases, the contractor is usually responsible for any expenses or losses incurred as a result of the delay.
Compensable and Noncompensable Construction Delays
Typically, excusable delays are compensable. This means that if the delay of a project is deemed excusable, the contractor will submit a claim for compensation, an extension for the project, or in some cases, both.
However, if the contractor is at fault for the delay, it’s likely to be deemed non-compensable. This means that the contractor may not be able to collect restitution or obtain a time extension for delays that were their fault.
When to Contact an Experienced Fort Lauderdale Construction Litigation Attorney
If you’re involved in construction litigation of any kind, it’s important that you don’t wait to secure the assistance of an experienced lawyer in your area. You should act immediately to protect your investment and best interests.
Contact veteran Fort Lauderdale construction litigation attorney Joseph Hughes today to schedule a consultation to discuss the specifics of your case. Call now by dialing (954) 256-5125.