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Construction Law Insights / Schedules & project disruption

How Are Construction Delay Claims Handled?

What project participants generally review when a construction schedule falls behind.

Heavy equipment and construction work on a large project
The Short Answer

What you should know first.

Construction delay claims are typically analyzed using the contract schedule, the cause and timing of disruptions, notice records and the claimed effects on completion or cost. Entitlement is fact-specific.

Key Considerations

Important factors to evaluate.

The relevant contract terms, records and law help determine how these questions apply to a particular construction project.

Extensions of time

A request for time relief generally depends on contractual provisions, timely notice and supporting documentation.

Contract provisions

Additional costs

Extra labor, equipment or overhead may be claimed in some circumstances, subject to proof and contract terms.

Change order disputes
A Practical Starting Point

Organize the facts before deciding on next steps.

Construction disputes can involve short notice periods and overlapping obligations. A clear set of records helps make any review more productive.

Identify the baseline schedule and updates.

Create a dated event log with supporting records.

Assess critical activities and overlapping causes.

Review notice provisions and the claimed schedule or cost effects.

Frequently Asked Questions

Common follow-up questions.

Does every delay justify compensation?

No. Different delay events may support time relief, cost relief, both or neither.

What is a concurrent delay?

It generally refers to overlapping delays with different causes; legal treatment and analysis vary.

Why do notices matter?

A contract may require timely notice of delays or impacts before certain remedies are available.

Need guidance on a construction matter?

Each project and agreement is different. Contact AW Construction Law to discuss the circumstances, relevant documents and possible next steps.

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