When a team of construction professionals takes on a new roofing project, the contractor at the top of the totem pole is probably expecting some small delays. In fact, delays may already be worked into the building schedule. That said, there’s no preventing the inevitable, and in many cases, project delays will be out of your control. Too often, contractors find themselves staring out the window on a rainy day when their workers are sidelined, but what they see isn’t raindrops, it’s dollars and cents.
Fortunately, not all delays are destined for disaster. In this article, a roofing lawyer in Florida will discuss three types of roofing construction delays. Delays must be proven to be compensable, critical, or excusable for contractors to avoid culpability. If you are worried about project delays resulting in a breach of contract, consult a roofing lawyer in Florida for assistance proving that you weren’t responsible for the delays.
1. Compensable Delays
Compensable delays are usually defined in the contract prior to signing. These are also referred to as “no damages for delay” clauses. When you partner with a roofing attorney in Florida, your contracts will be prepared with the clauses you need to protect yourself against a wide range of compensable delays. Failure to do so could lead to you spending exorbitant amounts of money on delays you shouldn’t have been responsible for in the first place.
2. Critical Delays
As a contractor, you must choose your battles wisely when a project is starting to approach its deadline. Any delays must be critical and necessary to avoid a breach of contract. In other words, if a delay sets a project back, and the reason for this delay isn’t critical to the success of the overall project, it will likely result in the contractor paying for the cost of the delay. That’s right, only delay a project when the rationale behind the decision is irrefutable and the intended result is critical.
3. Excusable Delays
If the reason for a delay is unforeseeable and uncontrollable, it may be deemed excusable. Inclement weather, last-minute design changes requested by the owner, labor union strikes, and other uncontrollable events of this nature may qualify as excusable delays. In many cases, whether or not a delay was foreseeable boils down to the precise circumstances of the case in question. This may result in the contractor and owner meeting to hash out their differences through the arbitration process. If you are locked in a dispute, and your projects are suffering as a result, consult a roofing attorney in Florida for assistance with dispute resolution, including mediation, arbitration, and litigation.
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.