• Skip to primary navigation
  • Skip to main content
  • Skip to footer

KPPB LAW

Corporate Law Firm

  • About Us
  • Attorneys
  • Practices
    • Asset Based Lending
    • Bankruptcy & Workouts
      • Chapter 7 Bankruptcy
      • Chapter 11 Bankruptcy Law
      • Purchasing Assets Out of Bankruptcy
      • Representation of Creditor’s Committees in Chapter 11 Bankruptcy
    • Business Debt Collection
    • Commercial Loan Workouts
    • Commercial Real Estate Finance
    • Commercial Real Estate Transactions
    • Construction Law
      • Construction Project Planning
      • Construction Claims and Disputes
      • Construction Contracts
    • Contract Law
    • Corporate Governance
      • Formation of Entities
    • Cross – Border Transactions
    • Hotel Law
    • Immigration Law
    • Intellectual Property
    • Labor & Employment
      • Employment Litigation
    • Landlord / Tenant Law
    • Litigation and Dispute Resolution
    • Mergers & Acquisitions
    • Securities
    • Tax Law
    • Technology Law
    • Trusts & Estates
  • Firm News
  • Legal Blog
  • LinkedIn
  • Facebook
  • 1-678-443-2244
  • Contact Us

Construction Law · April 26, 2017 · by Roy Banerjee

Disruption Claims and Delay Claims in Construction Law

You are here: Home / Construction Law / Disruption Claims and Delay Claims in Construction Law

The construction process can be involved and complicated. Scores of individuals—from owners, contractors, subcontractors, suppliers, and laborers—work together to complete a large and complex process in creating a building that meets stated federal, state, and local regulations as well as achieving the goals of its owner. This process can be facilitated by a construction lawyer.

With a large number of active workers and other interested parties, a construction project should have a schedule and system with room built in to the schedule for unforeseen delays in order to complete a project on time and on-budget. Since these large construction projects involve large and expensive equipment, and a fluxuating level of manpower, the longer a construction job takes, the more complications arise, which is why having a construction lawyer on retainer can help to smooth the process.

Since most litigation comes from changes in the construction process, it becomes important to understand the differences between the two types of claims in construction law: disruption claims and delay claims. The first step is to fully understand the contract. In many cases, what can be construed as disruption or delay claims are listed in the contract. Meeting with a construction lawyer can give an idea of how these claims are negotiated in any contract.

Delay vs Disruption

In construction law, delays are single acts or events that ultimately promote conditions in which the project completion or work done on the project may start or end later than originally planned.

Disruption may include the effects of a single problem or multiple other delays, as well as interruptions to the supply line or other work activity planned for completion of the project.

Delays can lead to disruptions, and disruptions can lead to more delays. This shared relationship between delays and disruptions can affect the timeline of construction and increase the costs of the project as a whole.

Making Claims in Construction Law

For most owners and contractors, its vital to understand one’s contract. Meeting with a construction lawyer can help to determine what is considered worthy of making a claim based on delay or disruption.

Just like the rest of the construction process, following the set rules of law helps the construction team to consider what is a delay or a disruption. A construction lawyer will be able to process the contracts to identify any set end dates for the completion of certain projects in the larger construction plan or for the ending of all construction work. A delay claim can be made if the work stretches far beyond the scheduled finish dates. From inclement weather to bad decision-making to on-site accidents, delays can happen at any time—acts of god or accidents. Disruption claims, however, come from actions that make the construction process more expensive to perform or more difficult to process than originally planned in the contract.

Since there is an overlap in delay and disruption, knowing construction law helps to determine the liability of the individuals involved in the process. For example, if a contractor fails to complete a project on time, they may be liable for both disruption and delay claims, depending on the situation. An owner or a contractor may be liable for disruption if they fail to manage their subcontractors efficiently, making it hard for multiple trade workers to complete their scheduled tasks by the given timeline. For example, the plumbing and electric must be finished before the drywalling begins, and if the drywall workers are forced to wait around for completion of other projects, the owner or contractor may be liable for a disruption claim.

Filed Under: Construction Law

Roy Banerjee profile picture
Roy Banerjee

Roy Banerjee helps defend, settle and pursue claims to protect your business interests. He is an accomplished business litigator who specializes in efficient resolution of real estate and business matters.

Contact KPPB LAW for More Information

If you would like more information, please click the button below and contact us via phone or contact form:

Contact Us

info@kppblaw.com


Footer

Atlanta, Georgia

One Lakeside Commons
Suite 800
990 Hammond Drive
Atlanta, GA 30328
678-443-2244
[Corporate Office]

Gainesville, Virginia

7330 Heritage Village Plaza
Suite 201
Gainesville, VA 20155
703-594-4040

Houston, Texas

2200 Post Oak Blvd
Suite 1000 #149
Houston, TX 77056
713-588-9299

New York, New York

575 Fifth Avenue
Floor 18
New York, NY 10017
203-875-0808

© 2019 KPPB LAW · All Rights Reserved · Legal Disclaimer

Website powered by 321 Web Marketing