Every owner, contractor, or other construction-focused party who has achieved profitability and success in the construction industry would likely agree with the following: in construction, time is money.
The quicker the project is successfully completed, the happier the owner is, the more profitable the general contractor and subcontractors are, and the quicker the material suppliers, equipment lessors, and other related parties are paid and can move on to the next project. Time undoubtedly equals money in construction.
When the as-planned schedule for construction projects extends past the planned completion date, there are often claims various parties bring, which the industry has commonly titled as “extended duration” or “delay claims.”
These claims focus on the extended home office overhead that a contractor commits to a project past the time they figured into their bid. This overhead cost is sometimes calculated using the Eichleay formula, which focuses on the lost home office overhead due to work stoppages and/or delays that caused the project to extend for additional days. This formula usually does not include weather delays, as they are generally considered to be non-compensable.
Extended duration/delay claims also consider the increased cost of labor and materials during the additional time a contractor has been forced to provide them for a project—over and above the original schedule and bid. Before you sign a construction contract or attempt to make a delay claim, it is important to get the advice of an experienced construction lawyer because some contracts contain onerous notice requirements precedent to recovering delay damages, and sometimes there are delay and/or lien waivers.
When it comes to proving an extended duration delay claim, it is important to have a New Orleans extended duration delay claims attorney from Scott Vicknair, LLC on your side. Such claims typically arise in situations where a party has experienced a significant delay in the completion of a project or the delivery of goods or services. While no case is the same, there are certain steps that can help strengthen the claim and increase the chances of a successful resolution.
Establishing a clear timeline
The first thing you must do is establish a clear timeline of events. As a New Orleans extended duration delay claim attorney can confirm, this involves documenting the original agreed-upon schedule, as well as any subsequent changes or modifications that may have occurred during the course of the project. Detailed records, such as contracts, purchase orders, correspondence, and meeting minutes, should be gathered and organized to provide a comprehensive overview of the project’s history.
Demonstrating that the delay was beyond the control of the party making the claim
It is also important to demonstrate that the delay was beyond the control of the party making the claim. This requires identifying and documenting any external factors or unforeseen circumstances that contributed to the delay. Examples may include extreme weather conditions, natural disasters, labor strikes, or delays caused by third parties. It is crucial to gather evidence, such as weather reports, expert opinions, or news articles, to support the assertion that the delay was indeed beyond the claimant’s control.
It is essential to show that the claimant took reasonable steps to mitigate the delay. This involves proving that appropriate actions were taken to minimize the impact of the delay and to keep the project on track as much as possible. Documentation of these efforts, such as alternative solutions considered, additional resources allocated, or revised schedules implemented, should be presented to support the claim.
Quantification of the impact of the delay
Quantifying the impact of the delay is another critical aspect of proving an extended duration delay claim. This requires a thorough analysis of the costs and damages incurred as a direct result of the delay. Financial records, invoices, receipts, and expert opinions may be necessary to calculate the additional expenses, such as extended labor costs, rental fees, or increased overhead expenses. It is important to provide a detailed breakdown of these costs and demonstrate a clear causal link between the delay and the financial impact.
Maintaining transparent & open communication
It is also important to maintain open and transparent communication throughout the process. Timely and accurate reporting of the delay, as well as any actions taken to address it, is essential to establish credibility and maintain a cooperative atmosphere. This includes documenting any discussions, negotiations, or agreements reached with other parties involved in the project. Such records can serve as valuable evidence during the claim resolution process.
Proving an extended duration delay claim requires a methodical approach and comprehensive documentation. Establishing a clear timeline, proving that the delay was beyond the claimant’s control, showing reasonable efforts to mitigate the delay, quantifying the impact, and maintaining open communication are all important steps to strengthen the claim. If you need assistance, you may want to schedule a meeting with a New Orleans extended duration delay claims attorney.
Common Causes
As an extended duration delay claims attorney can explain, extended duration delay claims can arise from various factors and circumstances that impact the timely completion of a project. These causes can often be complex and multifaceted, resulting in significant delays that have a lasting impact on both the schedule and budget of a construction project. While it is important to acknowledge that not all projects experience extended delays, it is equally crucial to understand the potential causes when such claims arise.
One common cause of extended duration delay claims is unforeseen site conditions. Construction projects often encounter unexpected challenges once work begins on-site. These conditions can include encountering poor soil conditions, discovering buried utilities, or encountering unexpected underground obstructions. These factors can significantly impede progress, requiring additional time to resolve and resulting in extended delays.
Additional Factors in Extended Duration Delay Claims
Another factor that can cause extended duration delay claims is design errors or omissions. In some cases, the initial project design may be incomplete, inaccurate, or inadequately detailed. Such deficiencies can lead to misunderstandings, conflicts, and rework during construction. When design errors or omissions are identified during the construction process, it may be necessary to stop work temporarily or revise the design, causing delays in the project schedule.
Scope & Requirement Changes
As a New Orleans extended duration delay claim attorney can confirm, changes in scope or requirements can also play a significant role in extended duration delay claims. During the course of a construction project, it is not uncommon for the owner or stakeholders to request changes to the original scope or specifications. While these changes may be necessary, they can disrupt the planned workflow, require additional resources, and result in delays if not effectively managed. Failure to address scope changes promptly and efficiently can lead to extended durations and subsequent claims.
Delays in the delivery of materials, equipment, or subcontractor services can contribute to extended duration delay claims. Construction projects often rely on the timely arrival of various components and resources to progress smoothly. Any delay in the delivery of critical items can disrupt the project schedule and cause subsequent delays in construction activities. Additionally, inadequate coordination and communication between different project participants can exacerbate the impact of these delays.
Weather conditions and force majeure events are also potential causes of extended duration delay claims. Adverse weather conditions such as heavy rain, hurricanes, or extreme temperatures can hinder construction activities and result in temporary or extended stoppages. Similarly, force majeure events such as natural disasters, labor strikes, or political unrest can disrupt project progress and lead to significant delays.
Inefficiencies in project management and inadequate project controls can also lead to extended duration delay claims. Poor coordination, ineffective scheduling, insufficient resource allocation, or inadequate monitoring can all impede progress and result in project delays. These issues are often exacerbated when there is a lack of clear communication and collaboration between project stakeholders.
If you need assistance with an extended duration delay claim, you may want to schedule an appointment with a New Orleans extended duration delay claims attorney from Scott Vicknair, LLC.
How An Experienced Attorney Can Help
If you have a delay in your construction project, you may want to speak with a New Orleans extended duration delay claims attorney from Scott Vicknair, LLC. Delays can be caused by a variety of factors, including unforeseen circumstances, poor planning, or contractual disputes. Regardless of the cause, these delays can have a significant impact on project timelines and budgets. This is where hiring an extended duration delay claims attorney can prove to be immensely beneficial.
An extended duration delay claims attorney specializes in handling legal matters related to construction delays. They possess in-depth knowledge of construction laws and regulations and have experience in dealing with delay-related disputes. By enlisting their services, project owners, contractors, and subcontractors can gain several advantages.
An extended duration delay claims attorney provides expertise and guidance throughout the entire claims process. They understand the intricacies of delay claims and can help clients navigate through the legal procedures effectively, which may include collecting evidence, preparing documentation, and negotiating with the opposing party. By having a construction litigation attorney by your side, you can improve your odds of presenting a strong case and securing a favorable outcome.
Additional Benefits
Another major benefit of hiring a New Orleans extended duration delay claims attorney is the ability to save time and effort. Handling a delay claim requires extensive research, analysis, and preparation of legal documents. This can be an overwhelming and time-consuming task for those unfamiliar with the legal system. By delegating these responsibilities to a skilled attorney, clients can focus on other critical aspects of their projects, such as planning, execution, and stakeholder management.
An attorney specializing in delay claims brings a fresh and objective perspective to the table. Emotions can run high during delay disputes, leading to strained relationships and ineffective communication. A knowledgeable attorney acts as a mediator, working towards finding a resolution that satisfies all parties involved. Their objective outlook helps maintain professionalism and enables more effective negotiations, potentially preventing costly litigation.
Maximizing Recovery of Damages
Hiring an extended duration delay claims attorney can be a wise investment. Construction delays can lead to significant financial losses, including increased labor and material costs, extended overhead expenses, and potential liquidated damages. A skilled attorney can assess the impact of the delay on the project’s budget and help clients pursue rightful compensation. By maximizing the recovery of damages, an attorney can help offset the financial burden caused by the delay, thereby safeguarding the client’s bottom line.
An extended duration delay claims attorney can assist in mitigating future risks. By thoroughly analyzing the circumstances leading to the delay, they can identify areas where improvements can be made. This proactive approach allows clients to implement preventive measures, minimizing the likelihood of delays in future projects. By learning from past experiences and taking appropriate action, clients can improve their project management practices and protect their reputation in the industry.
Call a New Orleans Attorney About Extended duration Delay Claims
Our construction lawyers are experienced and ready to assist owners and construction companies in prosecuting and defending against extended duration/delay claims. Our construction lawyers have years of experience in multi-million-dollar delay claim litigation and can readily assist you with experienced, nuanced counsel on delay damages.
Contact our office in New Orleans to discuss your claim with a highly-rated and experienced lawyer. You can reach Scott Vicknair, LLC by phone or by sending us a message using our online form. If you have additional questions, you may want to schedule a meeting with a New Orleans extended duration delay claims attorney from Scott Vicknair, LLC.
