How to Tackle Delay Claims in Texas Construction Litigation?
Delays can happen in construction projects, so it’s always important to make sure that you are protected from delay claims. Our Houston construction litigation lawyers can help you prepare for potential challenges and protect your company. Here’s what you should know about delay claims and how they might affect your project.
What Are Some Types of Delay Claims?
When someone files delay claims, they are essentially saying that one party did not complete their end of the bargain. They were contracted to do certain work, they did not complete it, and now there is a delay that could cost people money. Construction projects often have a lot of people involved and many moving parts to consider, so delays are something to worry about. Generally, these claims can be broken down into two general categories:
Excusable delays : As the name implies, these are the types of claims that are understandable. The weather can delay a project, and that is no one’s fault. However, delay claims can sometimes be made against contractors or other parties who fail to plan for weather that is common to the area.
Inexcusable delays : These are delays that occur due to negligence or fault. In some cases, people can sue for compensation over such delays. In others, more time to complete a project is awarded, but damages are not.
What Damages Can Be Awarded Due to Delay Claims?
Speaking of damages, it should be obvious to anyone how delays on a construction project can cost people money. When a delay is considered inexcusable and compensation is on the table, an aggrieved party can receive damages that make up for:
- Office expenses and overhead
- Any lost productivity or profits
- Rental charges, like the cost of renting equipment
- Any interest that may have been accrued normally
- Any other expenses that may be incurred due to delays
How Can I Defend My Company Against Claims?
Defending yourself against delay claims is much easier if you are organized and prepared for any potential issue that can arise from a new project. Contracts need to be clear and the scope of work for each involved contractor, subcontractor, and company needs to be obvious. Meticulous records also have to be kept. It can be harder to blame you for a delay when you have financial documents, work records, and all communications accounted for.
This can also help you if you believe that someone else caused a delay and you have a claim of your own to make. A lawyer from our firm can also assist you if you believe that you are owed some sort of compensation due to delays or the negligence of someone else involved in the project.
Talk to a Lawyer Today
So if you are facing a delay claim or you want to make one of your own, contact Patout & Shaw. We can schedule a consultation and tell you more about how an experienced lawyer can be of assistance.
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