As Jacksonville construction attorneys, we know that construction projects experience delays all the time because of reasons beyond the contractor’s control. Regardless of the reason for the delay, it’s always important for contractors to give the timely notice they are required to provide to owners or else they may face serious consequences. Construction industry professionals don’t want to compromise their potential compensation for projects by failing to follow the basic guidelines set forth in their contract. Failing to abide by the contract and provide proper notice for a delay may result in your need for a Jacksonville construction attorney.
In this four-part article, we will first discuss delay notices. In the second section, we will discuss some prominent reasons why contractors need to file these notices. In the third and fourth sections, we will discuss the process of filing this notice and the assessment process that takes place after filing a claim.
The Delay Notice
If the contractor is delayed on a project for reasons beyond their control, the contract likely states a required deadline for the contractor to propose an extension of the current completion date of the project. This claim process is performed to ensure the owner that the delay is genuine and approved by each party moving forward. If the contractor fails to provide proper notice, this may absolve them of any opportunity to postpone the scheduled deadline and this may also prevent the owner from taking appropriate action to remedy the cause of the delay resulting in increased costs for the project. This can also result in the contractor becoming liable for any damages incurred during the delay and also prevent the contractor from recovering any damages experienced during the delay.
Providing Reasons for the Delay
If a contractor desires extra time to complete a project, they will need to provide a legitimate reason why this delay has occurred and was beyond their control. Often referred to as an excused delay, the parameters for this request for additional time will be specified in the contractor’s contract and needs to meet the project manager’s approval. We will discuss this in more detail as we continue on in this four-part article.
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.