Delay Claims Construction

The world of construction thrives on meticulous planning and adherence to schedules. However, unforeseen circumstances can disrupt even the most carefully crafted project timelines. When delays occur, contractors may be entitled to compensation for the additional costs and impacts these delays cause. At Blackstone Solicitors, a leading law firm across England and Wales, we understand the complexities of delay claims in construction and can guide you through the process of asserting your rights effectively. In this article, Delay Claims Construction, we will delve deeper into the subject.

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What are Delay Claims in Construction?

A delay claim is a formal assertion by a contractor that a project has been delayed due to reasons beyond their reasonable control. These delays can lead to:

• Increased costs: Delays can necessitate extending on-site staff, incurring additional equipment rental fees, and potentially impacting financing costs.
• Loss of productivity: Delays can disrupt planned work schedules, leading to inefficiencies and reduced productivity for the contractor’s workforce.
• Loss of profit: Project delays can lead to missed opportunities for the contractor to undertake other projects, impacting their overall profitability.

Grounds for a Delay Claim

Several events can potentially trigger a valid delay claim. Here are some common examples:

• Unforeseen site conditions: Discovery of unexpected ground conditions, contamination, or utilities during construction can significantly disrupt the project schedule.
• Adverse weather conditions: Extreme weather events such as prolonged periods of heavy rain, flooding, or severe winter conditions can delay construction activities.
• Client-instructed variations: Changes in the project design or specifications requested by the client after the contract has been signed can necessitate an extension of time.
• Delays by other parties: Issues caused by subcontractors, statutory undertakers (companies with legal rights to lay infrastructure), or delays in obtaining necessary permits can impact the contractor’s ability to complete the project on time.
• Force Majeure events: Unforeseeable events beyond anyone’s control, such as pandemics, wars, or natural disasters, can qualify for a delay claim.

The Importance of Proper Delay Claim Procedures

Following a well-defined procedure for delay claims is crucial for both contractors and project owners. Here’s a breakdown of the key steps:

• Early notification: Contractors should notify the project owner promptly upon encountering a delay event that they believe justifies a delay claim. This allows for early discussions and minimizes the risk of disputes later.
• Supporting documentation: A robust delay claim should be accompanied by detailed supporting evidence, such as weather reports, site investigation reports, or correspondence with affected subcontractors.
• Negotiation and agreement: Once the delay claim is submitted, both parties should engage in open communication to reach a fair and mutually agreeable solution regarding the impact of the delay.

The Strength of Your Delay Claim

The success of a delay claim hinges on establishing two key aspects:

• Causation: The contractor must demonstrate that the delay was caused by an event beyond their reasonable control.
• Impact: The contractor must provide evidence quantifying the additional costs and time incurred due to the delay.

Blackstone Solicitors: Your Partner in Delay Claims

At Blackstone Solicitors, our construction law specialists possess a wealth of experience in handling delay claims. We can assist you in:

• Assessing the validity of your claim: We will analyse the specific circumstances of the delay and advise you on the strength of your claim.
• Preparing and submitting delay claims: Our team will assist you in drafting a compelling delay claim with all the necessary supporting evidence.
• Negotiating with the project owner: We will represent your interests effectively during negotiations with the project owner to secure a fair and reasonable compensation for the delay.
• Dispute resolution: In the event a dispute arises regarding a delay claim, our team will advocate for your position and work towards a swift and favourable resolution.

Conclusion

Delay claims are a complex aspect of construction contracts. Understanding the grounds for a claim, following proper procedures, and seeking expert legal guidance can significantly enhance your chances of securing a successful outcome. At Blackstone Solicitors, we are committed to providing you with the legal expertise necessary to navigate delay claims effectively and protect your financial interests in construction projects. Contact us today to discuss your specific requirements and ensure you are well-equipped to address project delays.

How we can help

We have a proven track-record of helping clients deal with the legal implications of delay claims in construction. 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.

Authored by Ben Posted in Blog, News Tagged as

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