Construction Delays

Causes. It is a rare construction project which begins on time or which is completed within the time allocated in the contract. Because of the multiple entities that are involved and the inability of almost every specialty to begin it s work prior to the completion prior to the completion of some other specialty's work, the inability of any subcontractor to perform or materialman to deliver its product can be like an accident on the side of a highway--it slows up everybody, even if you can't see why. Delays in the construction process may result form changes in the plans and specifications, failure to obtain proper governmental permits and approvals, undetected subsurface conditions, failure on the part of the architect to respond to the contractor's request for information, failure of the contractor to respond to the subcontractor's request for information, and, most commonly, the failure of one specialty to get its work done on time, resulting in delays to other specialties and, ultimately, in the completion date.

Remedies. Remedies for delay are largely governed by the contractual documents. The contract provides that the general contractor will complete the job within a specified period. If he does not, and the breach is substantial, in the absence of contractual limitations, the general contractor can be liable for damages flowing from the breach. If the delay is extended enough, it will be a material breach which may permit the owner to terminate the contract.

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