Delays are an ever-present concern in the construction industry. Despite their best efforts, contractors can face delays as a result of budget issues, inclement weather, or the negligence of other parties. When delays begin to pile up, it’s not the strain on labor or resources that’s always the main concern but the possibility of litigation.
In this article, a Miami construction litigation attorney answers the question “Is a construction delay a breach of contract?” and provides contractors with some vital info that will hopefully help them avoid disputes and costly litigation. If you are ever accused of a breach of contract, turn to the experienced attorneys from Cotney Construction Law for assistance.
What Constitutes a Breach of Contract
A breach of contract is simply a failing of one party to honor a binding agreement. Therefore, yes, a construction delay can be considered a breach of contract. A delay is most often considered a breach of contact when a specific deadline outlined in the contract is missed. However, even without a specific deadline, there remains an expectation that work will be completed in a timely manner, and substantial delays may be considered a breach of contract. Remember, even verbal contracts can lead to a breach of contract, which is why it’s so important to get everything laid out clearly in your contracts.
Beware of No Damages for Delay Contract Clauses
Our Miami construction litigation attorneys strive to keep contractors informed on contract clauses that shift risk to them. One such provision is a “no damages for delay” clause. While you are normally entitled to damages as a result of delays caused by another party, no damages for delay clauses prevent contractors and subcontractors from recovering damages from negligent parties.
No damages for delay clauses are enforceable in Florida. However, they only apply to parties specifically named in the contract, meaning that there’s nothing stopping you from suing a party who is not specifically mentioned in this clause. If you’re anticipating a delay on your project, be sure to have an experienced attorney review your contracts to determine the provisions and parties mentioned.
At Cotney Construction Law, we don’t just provide contract drafting and reviewing services. We also provide first-rate legal representation. For an experienced team that can not only spot blame-shifting contract language but also represent you in a dispute, partner with the Miami construction litigation attorneys from Cotney Construction Law.
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.