Construction delays are par for the course when you’re overseeing the creation of a new residential or commercial building project. But when does a delay become a problem and when can you take action? Can you obtain compensation for construction delays that ended up costing you money? Here’s what you need to know.

Classifying the Construction Delay

Some construction delays are excusable and some aren’t. Some delays are compensable and some aren’t. The first step to determining what you’re working with is to classify the construction delay.

The Delay Was Critical

A construction delay can be critical or non-critical. Non-critical delays have minor associated expenses and do not extend the final completion date of the project. A critical delay is one that causes the home or business owner significant cost and pushes back the project’s completion date. You should act quickly with critical delays.

The Delay Was Inexcusable

Delays can also be excusable or inexcusable. Excusable delays include issues that are beyond the control of the contractor overseeing the construction project. Weather issues, referred to as force majeure, are one of the most common examples of an excusable delay. It may add significant time and cost to the project, but nothing could be done to prevent it.

An inexcusable delay, on the other hand, is a preventable one that was in full control of the contractor. For example, if the contractor did not get the appropriate permits on time and construction began late, and employees are allowed to miss work without consequence, this is entirely avoidable and the contractor’s responsibility.

The Delay Is Compensable

Third, a construction delay can either be compensable or incompensable. An incompensable delay is more likely to be associated with excusable, non-critical delays. However, critical delays that were excusable and cost the home or business owner significant time and money are more likely to be considered compensable.

In this case, the owner would file a lawsuit against the contractor or the construction company overseeing the project for the damages they incurred, plus any punitive damages or pain and suffering that may also have been involved.

Don’t Wait to Get Legal Advice When a Construction Project Is Taking Too Long 

Reach out to veteran South Florida real estate attorney Joseph Hughes today for more information or to schedule a consultation to discuss your legal needs by dialing (954) 256-5125.