Delays in construction projects can feel like watching dominoes fall. One delay can trigger another and impact your timelines and budgets. But when do delays become unreasonable, and what are the legal implications for all parties involved?
Florida law does not define “reasonable delay” with specific timeframes
Whether a construction delay is reasonable or not depends on various factors and specific circumstances. Some situations may constitute reasonable delays:
- Natural disasters or severe weather conditions
- Unexpected site conditions, such as discovering underground utilities
- Changes in building codes or regulations
- Material shortages or delivery issues
- Labor strikes or shortages
- Owner-requested changes to the project scope
- Delays in obtaining necessary permits or approvals
Construction contracts typically include provisions for reasonable delays. These clauses often specify what qualifies as a reasonable delay and how to address such situations. The law recognizes the concept of “force majeure” or “acts of God,” which can excuse delays caused by unforeseeable events beyond the contractor’s control.
However, even with these guidelines, determining if a delay is reasonable can be tricky. For example, a contractor might claim that a week-long rainstorm caused a month-long delay. Is this reasonable? The answer may depend on the type of work affected, the contractor’s efforts to mitigate the delay and the specific terms of the contract.
Florida law also requires contractors to provide timely notice of delays to project owners. Failure to do so can impact a contractor’s ability to claim the delay was reasonable.
Securing legal help is necessary and crucial in construction disputes
For those facing construction delay claims, it is essential to review your contract carefully. Are there clauses related to delays, time extensions and dispute resolution? You will also need to document all communications with your co-stakeholders and keep detailed records of the project’s progress.
Generally, it is best not to assume that contractual language protects you. An experienced construction law attorney can help assess the validity of delay claims and guide you through negotiation or litigation if necessary.