The timeline for a construction project is typically only an estimate. The professionals planning the project may try to provide some leeway for unexpected challenges. However, many of the issues that they may encounter during the project are hard to predict. Disputes with workers, sudden shortages of raw materials and even inclement weather could extend the timeline for a construction project by days, if not weeks or more.
Can a significant delay in the completion of a construction project provide frustrated clients with grounds to pursue civil litigation?
Delayed disputes could trigger litigation
The timeline for a construction project has a direct impact on a client’s living arrangements or business operations. Delays in project completion can cause significant expenses. The client may have to delay a resume in business operations or arrange for alternate housing. Those costs could theoretically provide the basis to seek damages in a construction lawsuit.
Particularly in scenarios where the delay extends well beyond the proposed timeline for the project, the client could theoretically assert that the delays cost them money and constitute a breach of contract. That being said, construction firms and professionals can protect themselves from litigation by integrating flexible terms into their project contracts.
Written communications with clients about likely delays as soon as the information becomes available can also be helpful. In some cases, it may be possible to settle disputes about construction delays after a client files a lawsuit or to secure the dismissal of the case.
Having support when responding to pending construction lawsuits could help businesses avoid unfavorable judgments and damage to their reputations. Delays can be costly, and in some cases, they can provide legitimate grounds for civil litigation. Construction professionals and business executives need to be ready to react quickly to client lawsuits if and when they occur.