Friday, February 3, 2017

How To Deal With Construction Delay Claims

By Walter Bennett

Whether you are a contractor, an employee or an owner in the building industry, you are surely familiar with delays. Usually, building delays happen in residential and commercial projects and cause domino effects which may result in lost revenues to the owner. As you can see, one common dispute in construction cases is related to obstruction.

But, delay claims tend to be one of the confusing and least understood claims in the world of construction. Thus, a thorough understanding of the different elements to prove construction delay claims Concord is critical in the processing of compound construction claims. Basically, a delay claim on any building projects can be related to a particular period of time for which the work has been delayed and extended due to some situations which were unexpected when both parties entered the contract.

Actually, there are some situations which may cause some delays including unavailability of labor, materials, and equipment, weather changes, defective plans and specs, interference by the contractor or owner, and changes in design requirements. These situations may force the engineering expert to hamper or even stop the work for a while.

Moreover, contractors and architects in Concord California may be required to incur more costs down the road. Generally speaking, the costs include the expenses of keeping workers, the equipment and tools and the overall condition. But to get extensions for the completion of a project while recovering the cost, the contractor needs various prerequisites.

In order for delays to be compensated, it must be justifiable. Classifications of justifiable delay are usually identified in any involve matters and the contractor such as unexpected weather condition and other fortuitous events. Mostly, even if an obstruction is shown to be justifiable, it still would be the liability of an owner if it was predicted as it could have been avoided.

Basically, any obstruction can be grouped into compensable and noncompensable. If it is compensable, this could mean that the provider is entitled to reclaim the costs of postponements in addition to the extensions to get the work done. Also, a reliable professional can do many things to make things a lot easier for it to recover the damages that have been incurred on any project.

The owner should ensure that the building contract defines which items will be recovered. Moreover, each impediment caused should be properly documented during the work. Keep in mind that a postponement is affecting the project and the contractor as a whole.

Consider that more than one party may be liable for the obstruction. Check the role of the architect, engineer, owner, and designer. While often ignored, an engineer or architect may be responsible for delays and unexpected costs as a result of omissions and errors based on specifications and plans. Many project delays can be avoided by expecting problems and adjusting schedules. In the case delays happen, it is to your benefit to have an experienced lawyer on your team and navigate complicated scenarios.

In order to build such claim for damages from a delayed project, you should make more plans. The knowledge and experience are both necessary in areas such as accounting, scheduling, estimating, procedures and efficiency analysis. It could mean hiring a legal counsel before projects have started is important while managing potential risks.

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