A construction claims report from 2020 stated that the average value of construction delay disputes in the US was about $30.7 million and that the trend climbed upwards from 2010. The same report also stated that the disputers took an average of 15 months to settle.
While disputes and claims come as a result of delays to a project, for someone new to construction projects, it’s best if you understood these beforehand. It’s equally important to realize that you need to hire professional delay claim analysis services whenever such a situation arises.
There are several different kinds of schedule delays based on financial hurdles, supplier delays, changes in orders, unforeseen conditions, lack of experience, and more. Let’s discuss some of these to help you understand better.
Non-Excusable Delays
These refer to delays that were in the contractor’s control and could’ve been avoided. The contractor or the client is responsible for activity delays, including delayed submissions, late execution, delayed mobilization, and faulty workmanship. These delays can also include labor strikes that are caused by contractors’ reluctance to negotiate fair practices.
Non-excusable delays can result in an extension of time and can be compensated depending on the contract.
Excusable Delays
Excusable delays are caused because of conditions that are unforeseen and beyond a contractor’s or client’s control. These include natural disasters, errors in design documents, the intervention of agencies, lack of government action, changes from the owner, labor strikes, and concealed site conditions. Normally a construction contract will outline several excusable delays. Causes beyond control aren’t counted as negligence or fault.
Critical And Non-Critical Delays
These schedule delays are complicated because they can either be excusable or non-excusable delays. A critical delay impacts the project’s delivery date. On the other hand, non-critical delays don’t directly affect the project’s activities. Unless there’s a substantial amount of money involved, non-critical delays usually don’t require too much attention.
Concurrent Delays
Several construction parts move between the contractor and the owner on a construction project. A concurrent delay arises between two or more faulty parties. The complication lies in realizing the extent to which the parties have contributed to a delay.
Several overlying delays can make it difficult to determine the factors, including time of occurrence, ownership, duration of the delay, and more. All these factors need to be technically analyzed to determine the extent of fault for each party.
Hiring professional delay claim analysis services in Los Angeles can help resolve construction schedule delays. At HPM Consultants, we provide construction delay expert witness, delay claims expert witness, and Construction Scheduling Expert Witness Los Angeles services to owners, attorneys, and contractors. We will assist you in all aspects of construction delays and schedules to achieve the best outcome. Contact us today for more information.
