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Can a construction delay constitute breach of contract?

On Behalf of | May 11, 2021 | Construction Law, Contracts |

Construction projects can be expensive, and those who are depending on a project’s completion and see lost revenues for every day that the project isn’t completed. This is why timeliness in the construction industry is such a big deal. But regardless of your reputation and how hard you work, sometimes things get out of your control. While this may lead to nothing more than an inconvenient delay, in other circumstances it might leave you facing construction litigation.

Construction delays and breach of contract

A construction delay can be deemed a breach of contract. In some instances, construction contracts have a firm finish date which if not adhered to can result in a breach of contract. But even contracts that don’t specify a completion date can be subjected to a claim of breach if the project isn’t finished in a reasonable amount of time. This might be especially true if you’ve lost communication with the client or you’ve been pulled away from the project for a significant period of time.

Defenses to a delay claim

If you’re facing a breach of contract claim due to abandonment or delay, then you need to know your defense options. You might have several at your disposal. One of the most powerful is an act of God, which is some sort of disaster that causes the project to be delayed. While these may not occur all that often, there are other avenues that you might be able to pursue. For example, you might be able to demonstrate that the other party didn’t actually suffer any damages as a result of the delay, or that the cause of the delay was due to the actions or inactions of some other party, such as a supplier or another contractor.

What’s important to remember is that you have options. Don’t just let the other side run you over and take what they think they are owed. Stand strong and defend yourself, your business, and your bottom line. We can help individual in these situations navigate this oftentimes-complex area of the law so that you can confront your legal challenges with confidence and an increased chance of success.