Dealing with delay claims can leave contractors holding all the risk, but this doesn’t have to be the case. Our experienced Jacksonville construction lawyers understand that depending on the circumstances of a delay, the expertise of an attorney may be necessary. This two-part series is a resource to aid contractors in the proper management of a project delay. For the beginning of this article, read part one.
Why Postponing a Claim is a Bad Idea
If not handled properly, delays can lead to very expensive disputes. One major contributor to the resolution of delays is a failure to address the delay immediately. Failing to file or resolve a claim can lead to an individual forfeiting their rights. Filing a claim late can also increase a contractor’s risk of accelerating a project in order to meet the original completion date, which can prove to be an expensive move.
How to Resolve a Delay Promptly
Following are some steps that can be taking to resolve a delay claim properly.
Acknowledgment: As soon as the delay happens, you must document it and its impact on the project. Then you must determine its critical path.
Give notice: In order to recover for the delay, you must give prompt notice, especially if this is a requirement in your contract.
Update the project status: This will require a delay analysis. As soon as the delay happens, documenting the status of the project, projecting the delay, and evaluating the schedule is crucial. Also, if you perform an overall project projection, you’ll have a better understanding of the delay’s impact which gives more insight into whether the cost associated with the delay is worth it. With this is mind, you may be able to minimize the delay beforehand.
Document: Documentation is critical in construction. Proper documentation can serve as a valuable evidence in disputes. Consider documenting changes in real time. Doing so can help you speed up the resolution of a claim.
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.