If you are a contractor, it’s important to provide the owner with a proper notice of delay and any increased price that stems from the delay to ensure that both parties are aware of the authenticity of the delay and the reason for increased payment. Failing to provide the proper notice stipulated in your contract could result in forfeiting additional compensation during the delay and assuming liability for damages that resulted from the delay. This will also result in your need to speak with one of our Jacksonville construction lawyers.
In this four-part article, we first discussed what the delay notice is. In the second section, we will discuss reasons why a contractor may need to file a delay request. In the third and fourth sections, we will discuss the process of filing this request for extra time and the assessment process.
Reasons Why Contractors File Time Extension Claims
There are many reasons why a contractor can file a delay notice or extension of time form; however, the reason for the delay must stem from something beyond the contractor’s control. In many cases, owners will cause delays because of design or concept changes to the project, upgrades or modifications to the specs of the project, legal issues related to the project, or the owner may simply desire a delayed start to secure funds for the project. Of course, inclement weather can always be another element beyond the contractor’s control that can result in the need for an extension as well.
Prohibiting Factors for Contractors to File Time Extensions
Although there are many reasons why an owner is compelled to grant a delay extension, there are also reasons why a delay may not be granted. The primary reason is the contractor’s job performance fails to align with the expectations documented in the contract. Secondary reasons why a contractor may not be granted an extension include labor shortage or insufficient workforce provided by the contractor, failure to obtain long lead items, or poor job performance of subcontractors hired by the contractor.
If you are a contractor and you anticipate needing extra time to complete a project, contact one of our Jacksonville construction attorneys to provide you with the right legal counsel in regard to the process of requesting a time extension for your project.
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.