Contractor’s Rights Versus Owner’s Rights With Delay Disputes
Delay disputes are a common thing within the construction business. Even with carefully negotiated construction contracts, there are still situations when there is a chance that there will be a few unexpected delays. In these cases, if not handled properly, it can lead to a possible dispute. If faced with a delay dispute, it is highly recommended that you contact your Clearwater construction attorney to assist with the process. There are two general categories into which construction delays typically fall. The first is inexcusable delays, which is when delay is the fault of the contractor or subcontractors. The second is excusable delays, when the delay is beyond the contractor’s control and is not by fault or neglect of the contractor or subcontractor.
It is extremely beneficial to know your rights as a contractor, especially when it comes to disputes. Excusable delays usually include delays for which the owner is responsible as well as delays specifically excused by the contract. Those delays caused by circumstances beyond the contractor’s control and those delays which were unforeseeable will be deemed excusable delays by the courts. For example, if the work has been authorized by an owner, contractors will typically have the right to receive their compensation for any change orders and additional work that is performed for a project. For any questions about your rights as a general contractor, contact your construction attorneys in Clearwater.
It is just as important for contractors to be aware of owner’s rights as it is their own. Knowing owner’s rights can potentially save a contractor from any future delay disputes. As a general rule, a contractor is liable for the foreseeable costs incurred by an owner as a result of the contractor’s delay in completing a project. If any complications come up during the project and the general contractor has agreed by contract that they are responsible to finish the project at a fixed price, a court will likely view the contractor as having failed to account for any normal delays in the process. They will also feel that the contractor is seeking additional pay because they failed to provide a realistic project bid.
At Trent Cotney, P.A., we have a well established team of construction lawyers with nearly 20 years of combined experience. What makes our law firm stand stand out is that every one of our lawyers has a prior background in the field of construction. With that, comes more knowledge and experience needed for any construction case. We represent contractors, subcontractors, engineers, developers, and architects.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.