Construction projects can be delayed for more than one reason. Delays can prove to be a real hindrance to overall project completion. Many companies often engage the services of a Construction Delay Expert Witness Orange County to help them solve the various disputes that may arise during a project. Certain delays during contracted projects can also lead to litigations.
If the owner creates an unnecessary delay, they may be liable for legal action from the contractor. On the other hand, contractors can also face litigation if they create unnecessary hurdles for the owner. The damages and claims depend upon the severity and the consequences of delays. Let’s look at some of the delays and their effect on liability.
Types of Delays
Among the different types of delays, there are two primary types that can create conflicts within the project. These are inexcusable ones that either the contractor or owner might initiate. There are several mediation techniques, such as involving a construction delay expert witness to handle complex disputes, while others may be easily handled.
In some incidents, court intervention may be required to solve a conflict, and they will decide who is responsible for the delay and what they should do to resolve the delays. Court proceedings might be costly as you’ll need to hire a lawyer and spend time battling it out in court.
When the owner causes unnecessary delays, it can lead to a dispute with a contractor. Many disputes can cause unnecessary delays if the two parties don’t conclude them quickly. For example, during house construction, the owner might cause unnecessary delays by changing the layout of the rooms, adding modifications, subtracting items, or overhauling the design.
A contractor can also cause delay disputes. However, some might be out of their control due to the non-availability of workers due to extraordinary conditions such as strikes or the unavailability of materials from the same vendor. Increased agitation by the owner in such circumstances can impact communication that results in the project’s delay.
Effects in Liability
When the contractors are involved in delays that may arise due to circumstances beyond their control, they may not be liable for delays. Such situations are stipulated in the contract and explain how the company or the contractor are not liable for any excusable delays or things that are outside the control of the contractor
The company has extensive experience dealing with complex construction delays and provides a unique range of services, including delay claim analysis. If you’re an owner, contractor, or attorney, the company can help resolve your construction disputes by providing expert guidance and analysis. Contact HPM Consultants today for more information.