Addressing inexcusable construction project delays via litigation

Major construction projects, whether they involve remodeling an existing building or creating a completely new structure, often take some time to go from plan to reality. There are many stages in the development and planning process prior to construction and many potential delays that can occur during the process.

However, when you hire a construction firm to complete a project, part of your negotiation will likely focus on when they start and finish the project. Knowing when construction should be done will guide decisions such as planning a grand opening for a storefront or selling your previous home.

If the company fails to begin the project in a timely manner or if they continue to run in the issues that prevent them from completing it, you may even really need to pursue construction litigation to enforce the terms of your contract.

What kinds of delays can you hold a contractor accountable for?

There are certain situations that fall outside the scope of what a contractor can control. Significant issues with the weather, problems securing permits, delay in supply delivery or changes in design requested by the owner are all examples of delays that a construction company cannot control. These kinds of delays will typically have protection under the contract you sign.

However, failing to arrive at the worksite on time, causing delays due to poor planning, failing to hold contractors accountable for non-performance and other common issues during construction are absolutely within the control of the company you hire to manage the construction or remodel project.

In the event that the company could have reasonably foreseen the delay or if proper planning would have prevented the delay from becoming an issue, you may have an actionable situation, particularly if the ongoing delays have verifiable financial costs to you as the owner. For more information, talk to an experienced advocate about your specific situation.

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