Imagine the scenario of a prime contractor performing work that has no direct dependence on the work of a subcontractor. The prime contractor proceeds to complete the work and moves ahead of schedule. Unfortunately, this places the subcontractor at a disadvantage because the subcontractor was not given reasonable time to complete his own work. In a nutshell, the subcontractor’s work has been delayed through no fault on the subcontractor’s part.
In this article, our Jacksonville construction attorneys will discuss what subcontractors can do when the work of another impacts their own work.
If a subcontractor’s work is delayed due to an action on the prime contractor’s part, the subcontractor may be entitled to compensation. Typically, directed changes, constructive changes, or changed conditions are factors that cause compensable delays. This opens the door for an extension of time and reimbursement of extra costs associated with the delay on the behalf of the subcontractor.
The critical path of a project is very important. Meaning, any changes that could directly impact the work of another can jeopardize the project timeline. To eliminate this, subcontractors need to be aware of any changes or conditions that could directly impact their own work, and find a way to identify and shorten the tasks or activities that are on the critical path.
It is widely known that excessive changes can cause project delays. This typically leads to project disruption, cost increases, and an extended project timeline. This ripple effect can be a valid justification for the subcontractor to request an adjustment for the constructive change. A constructive change is an adjustment to a project’s scope of work caused by another. The subcontractor has to prove that the change was in fact caused by another.
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.