Construction delays are not always easy to categorize or segregate. On a complex project, activities on the schedule’s critical path may be delayed by multiple factors. Some may be the responsibility of the owner; some the responsibility of the contractor; and some the responsibility of neither party. Compounding the problem is the fact that the impact of multiple delay events may be experienced concurrently.
In a recent case, a contract allowed a design/build contractor to fast-track the project. The government insisted, however, on 100 percent final design completion before the contractor commenced construction. Obviously, this caused delay. But was the government responsible for all the delay? The government could point to periods where the contractor had failed to submit an adequate site plan and failed to provide a required quality control program. It was necessary to apportion responsibility for the delay to project completion.
I'd like feedback on how you track and document delay, particularly in the face of multiple delay causes and concurrent delay. As always, I welcome all comments below.
Don't miss, In the upcoming issues of Construction Claims Advisor . . . case summaries and articles covering:
- Pre-Construction Delay Apportioned on Design/Build Project
- Revocation of Acceptance Upheld on One Contract and Set Aside on Another
- Rejection of Low BID was not Retaliation for Prior Suit
Bruce Jervis, Esq., Senior Editor
