It’s important for contractors to understand all of the major components that make up their contract with an owner. This includes those conditions that relate to extended project delays.
If you recently agreed to a contract and you are unaware of the contract language regarding delays, you may need to speak with a Sarasota construction attorney. If you are not in need of legal counsel from one of our Sarasota construction attorneys at this time, please feel free to educate yourself on ways you can prevent yourself from entering a bad contract regarding delays and compensation.
In this three-section article, we first covered how delays can affect both the contractor and the owner financially. In the second section, we will discuss contract clauses relating to delays. In the final section, we will discuss some more in-depth aspects related to contracts and delays.
It’s important to have established guidelines before you begin a project. During the contract negotiation process, the contractor and the owner should mutually define what is an “excused delay.” An excused delay, or force majeure (if you prefer French), by definition, means the “unforeseeable circumstances that prevent someone from fulfilling a contract.” In other words, these events are considered natural catastrophes that could not be predicted or anticipated before the owner and the contractor agreed to the contract. In other words, the contractor should make sure that they are compensated for these delays. However, receiving the compensation you deserve is not always that simple.
Excused Delays Depend On the Contract
In any contract, it comes down to how well the articles are defined. In some cases, owners will have a contract that defines an extremely specific set of events that qualify as excused delays; whereas, in other circumstances the language is much more vague. Depending on the varying circumstances, excused delays can be extremely generous to a construction professional or very rigid. Regardless of your negotiating power on a project, it’s important to pay close attention to what the owner defines as an excused delay. It’s also important to have an agreement set in place that protects yourself in case your project experiences a delay that was not your fault.
If you would like to learn more about excused delays, as Sarasota construction attorneys, we are here to answer any questions you may have.
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.