When construction delays or disruptions come up, they are usually not excusable, leading to extra fees, a bad reputation, and even contract disputes.
All construction contracts should be specific and very detailed, especially about protocols when delays do arise. For example, a detailed description of what is considered an excusable delay and any fees associated with delays and disruptions. If you ever have any doubts about a construction contract, you should always run it by an Arizona construction lawyer.
When a construction delay does come up, it needs to be classified as excusable or not excusable. This is going to be the first step, figuring out which category the delay falls under.
If the delay is not excusable, consequences and fines will be presented to those responsible.
The following is information that needs to be discussed during a delay or disruption:
– Duration of delay or disruption
– Will the delay or disruption add on additional costs?
– Who is responsible for the delay?
– Consequences and fees associated with the delay
What About Excusable Delays?
Yes, some delays are considered excusable, where no party will be held responsible or have to pay extra fees.
Excusable delays are unforeseeable delays that come up at no fault of the contractor, as it is out of their control.
Situations considered excusable include:
– Government intervention such as a shutdown
– Natural disasters
When a government shutdown is ordered and a construction project must be put on hold, no one is at fault. The same goes for severe weather, such as a tornado or hurricane. Other reasons could be natural disasters such as fires or an earthquake.