When managing construction projects in Raleigh, you know that ensuring that all components are completed when they need to be can be a difficult balancing act. A delay in the delivery of service from any of your contracted providers can throw your entire timeline off. Several others in your position who have experienced such delays have come to us here at the Triangle Law Group wondering if it is possible to seek damages to recoup their losses. To understand whether that is indeed a possibility, you must first be familiar with the types of delays recognized as being associated with the construction industry.
The North Carolina Bar Association lists these as being excusable delays, compensable delays and unexcused delays. As you can imagine, excusable delays are those that arise from situations outside of your control as well as that of an individual contracted partner. These can include weather delays, delays due to fire or other catastrophes, or due to labor union work stoppages. Compensable delays are those due to factors that you control. Unsafe working conditions, the unexpected discovery of hazardous materials or human remains on a work site, or a delay in one contractor’s work due to you not having secured the services of another to complete a relayed project all fall into this category.
While you may not be entitled to delay damages in the two aforementioned scenarios, you may be able to sue for unexcused delays. These are any that are not deemed excusable or due to a failure on your part. Even then, however, delay damages may only be awarded in scenarios where the delay affects a project’s critical path (the longest sequence of activities needed to complete a project).
More information about construction litigation issues can be found by continuing to explore our site.