The details of delays

Construction delays and their consequences depend on several variables

Although roofing contractors are not as frequently involved in lawsuits arising from construction delays as mechanical, electrical, plumbing and general contractors, you should be familiar with the basic construction law principles applicable to delays.

At some point, you will have a job where an owner or general contractor withholds payment from you based on a claim that you are liable for either liquidated or actual delay damages because you did not complete your work per the contract or construction schedule. Alternatively, you may suffer delays that make your performance more costly and require more time for you to complete your work.

Construction contracts typically include a "time is of the essence" clause. This seemingly innocuous clause can have substantial financial implications. When a contract includes a time is of the essence clause, failure to satisfy a contract requirement pertaining to time is considered a material breach of the contract. Conversely, most courts will not consider timing as critical if the contract does not contain a sentence stating time is of the essence.

If your project manager is not vigilant and fails to take steps when delays occur, you could find yourself facing liability for delays that may not have been your fault, being denied a time extension or not being able to recover extra expenses.

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