Blackstone Solicitors recognises that construction projects don’t always run according to the initial plan. Delays can occur, impacting project timelines and potentially increasing costs. In this article, Construction Delays, Extensions Of Time And Prolongation Claims, we will delve deeper into the subject.
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For a free initial discussion with a member of our New Enquiries Team, get in touch with us today. We are experienced in dealing with all the legal aspects of Construction Delays, Extensions Of Time And Prolongation Claims and once instructed, we will review your situation and discuss the options open to you in a clear and approachable manner. Early expert legal assistance can help ensure you are on the best possible footing from the start and also avoid the stress of dealing with these issues on your own. Simply call us on 0345 901 0445 or click here to make a free enquiry and a member of the team will get back to you.
Understanding Construction Delays
A construction delay is any event that disrupts the planned progress of the project, pushing back the completion date. These delays can arise from various factors, including:
- Client-initiated Variations: Changes requested by the homeowner or developer, such as alterations to the design or additional features.
- Contractor-caused Delays: Issues arising from the contractor’s performance, such as poor planning, resource shortages, or labour problems.
- External Factors: Events beyond the control of either party, such as severe weather conditions, material shortages, or regulatory changes.
The Impact of Delays
Construction delays can have a significant ripple effect, impacting various aspects of the project:
- Cost Overruns: Delays can lead to increased costs for materials, labour, and potential additional site overheads.
- Liquidated Damages: Construction contracts often include liquidated damages clauses that penalise the contractor for exceeding the agreed-upon completion date.
- Disruption and Inconvenience: Delays can cause inconvenience for the client, such as extended occupation of temporary accommodation or missed deadlines for moving into a new property.
Extensions of Time (EOT): Obtaining Relief from Delays
When a delay is caused by factors beyond the contractor’s control, they may be entitled to an extension of time (EOT). An EOT formally acknowledges the delay and adjusts the project completion date accordingly.
Obtaining an EOT typically involves a predefined process within the construction contract:
- Notification: The contractor must notify the client of the delay event as soon as possible, outlining the cause and anticipated impact on the schedule.
- Evidence: The contractor should provide supporting documentation to substantiate the cause of the delay. This may include weather reports, correspondence with suppliers facing shortages, or official notices regarding regulatory changes.
- Evaluation: The client will assess the validity of the EOT claim and its impact on the project timeline.
- Agreement: If the EOT claim is accepted, a formal agreement will be reached, adjusting the completion date and potentially addressing any implications for liquidated damages.
Prolongation Claims: Recovering Additional Costs
In some cases, a delay may not only impact the project timeline but also lead to increased costs for the contractor. Here’s where prolongation claims come in.
A prolongation claim is a formal request from the contractor to the client to recover additional costs incurred due to the delay event. These costs might include:
- Increased labour costs: If the delay necessitates extending the work period for the contractor’s team.
- Additional site overheads: Costs associated with maintaining a site for a longer period, such as security or utility charges.
- Increased material costs: If delays lead to fluctuations in material prices.
The success of a prolongation claim hinges on demonstrating that:
- The delay was beyond the contractor’s control.
- The delay caused the additional costs incurred.
- The claimed costs are reasonable and well-documented.
Blackstone Solicitors: Your Guide Through Delays and Claims
Blackstone Solicitors, a law firm serving clients across England and Wales, understands the complexities surrounding construction delays, extensions of time, and prolongation claims. We can assist you by:
- Reviewing Construction Contracts: Our team can review your construction contract to understand the provisions for extensions of time and potential grounds for prolongation claims.
- Preparing and Negotiating EOTs: We can help you prepare and negotiate EOT requests with the client, ensuring a fair and timely extension of the project timeline.
- Evaluating and Drafting Prolongation Claims: Our construction law solicitors can assess the validity of your prolongation claim and assist in drafting a compelling case to recover additional costs incurred.
- Dispute Resolution: In the event of disagreements regarding EOTs or prolongation claims, Blackstone Solicitors can represent your interests and help you achieve a favourable outcome.
By understanding the processes for extensions of time and prolongation claims, and by seeking legal advice, you can navigate construction delays effectively and protect your financial interests throughout the project. Blackstone Solicitors is here to partner with you and ensure your construction project reaches completion, even when the unexpected arises.
How we can help
We have a proven track-record of helping clients deal with delays in construction projects. We will guide you through all the necessary legal due diligence in a comprehensive and timely manner and support and advise you with all the negotiations. We firmly believe that with the right solicitors by your side, the entire process will seem more manageable and far less daunting.
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How to Contact our Construction Solicitors
It is important for you to be well informed about the issues and obstacles you are facing. However, expert legal support is crucial in terms of saving you money and ensuring you achieve a positive outcome.
To speak to our Construction solicitors today, simply call us on 0345 901 0445 , or allow a member of the team to get back to you by filling in our online contact form. We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.
Disclaimer: This article provides general information only and does not constitute legal advice on any individual circumstances.
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