Construction delay claims, or disputes related to schedule impacts, are one of the most common types of disputes in the construction industry. Yet, delay claims have a propensity to be some of the least understood and frequently complex disputes in the construction field. Delay claims typically are relate to unanticipated project events and/or circumstances which extend the project and/or prevent work from being performed as originally planned. There are many common causes for schedule delays on a construction project, which include, but are not limited to, mismanagement and maladministration; site access restrictions; differing site conditions; permits and approvals; financial problems; defective plans and/or specifications; changes in the work; labor productivity issues; document review/approval; testing/inspections; inclement weather; and force majeure events. Three common points of contention relative to schedule delay claims are whether an issue impacted the critical path of the project, the delay quantification, and the root-cause of the delay and entitlement to a time extension and/or additional compensation. One must review the contract to understand the basis of the agreement and determine who accepted particular risks and what constitutes compensable or excusable delays. Consequently, a clear understanding of the basic elements necessary to substantiate delay claims is invaluable.
Posted on: Sat, 06 Jul 2013 23:18:50 +0000