Construction Delay Litigation

Construction delays are frustrating for everyone involved. Proper planning can prevent many delays, but legal remedies are available for construction companies who suffer financial harm due to delays caused by others involved in the project.

Potential Sources of Construction Delays

Construction delays can happen for a wide range of reasons in California. The following is a brief overview:

  • Project changes. If the project owner changes their mind about the scope of the work, this can quickly throw everyone off course. Even seemingly minor changes create extra work that can have a cumulative effect of causing scheduling delays. The process for handling change orders needs to be understood by everyone involved.
  • Weather. California weather is notoriously unpredictable. Everything from storms, mudslides, earthquakes, or high winds can throw a project off track by keeping workers from the job site. Ideally, a contract should be written to account for potential weather-related delays and the added expense necessary to safeguard the job site from damage caused by adverse weather conditions.
  • Subcontractor issues. The use of subcontractors is often necessary to keep a project on budget, but subcontractors are typically working on several projects at once and may not place a high priority on your job site. Their delays can then push the project further off course.
  • Inspection delays. California law requires inspections at several different points of a construction project. When inspectors aren’t available or fail to inspect the job site in a timely matter, this causes stress and delays. Experienced managers should plan ahead to request inspections before they are needed.

How to Get Your Project Back on Track

Carefully written contracts are the best way to prevent construction delays because the contract terms should clearly spell out how to handle any issues that may arise. Methods of handling conflicts related to delays should be outlined in the dispute resolution clause of contract: negotiation, mediation, arbitration, adjudication, expert determination, or litigation.

If your firm is currently involved in a contract dispute, you need an attorney skilled in construction law. Disputes do not necessarily constitute a breach of contract, but they can lead to one if they aren’t promptly resolved. 

At Stone LLP, we know that time is money. Our construction litigation attorneys have extensive knowledge of contract and construction law to help you quickly and effectively resolve disputes. Call our office or fill out the online contact form on this page to learn how we can help you get your project back on track.

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