Attorney
Construction projects rarely go exactly as planned. Whether it’s a residential build, commercial development, or public infrastructure project, delays can quickly arise—costing time, money, and sometimes relationships. When a project stalls, the natural question is: Who is at fault?
At Boatman Ricci, we regularly represent contractors, developers, property owners, and other construction stakeholders throughout Naples and Southwest Florida in disputes involving project delays. Understanding the causes of delay and how fault is determined is essential to resolving these issues fairly and efficiently.
Common Causes of Construction Delays
Construction delays can happen for many reasons, and often, more than one party contributes to the problem. Some of the most common causes include:
- Weather-Related Delays: Hurricanes, flooding, or prolonged storms are not uncommon in Florida and can shut down job sites for days or weeks.
- Permitting Issues: Delays in obtaining permits or inspections from local authorities can stall progress, especially when paperwork is incomplete or regulations are misunderstood.
- Design Changes or Errors: If the plans change mid-project or contain mistakes that must be corrected, work may need to stop while revisions are made.
- Labor or Material Shortages: A shortage of skilled workers or supply chain disruptions—like those seen during the COVID-19 pandemic—can throw off timelines.
- Contractor Performance Problems: Poor workmanship, mismanagement, or failure to meet contractual deadlines by a contractor or subcontractor can result in significant delays.
- Owner-Caused Delays: A property owner who fails to provide timely approvals, funding, or access to the site can also cause holdups.
Regardless of the cause, delay disputes often center around whether the delay was excusable, non-excusable, compensable, or non-compensable—terms that affect who bears the cost.
Excusable vs. Non-Excusable Delays
When evaluating who is responsible for a construction delay, courts and arbitrators first look at whether the delay was excusable:
- Excusable: These are delays beyond anyone’s control, such as severe weather, acts of God, or governmental shutdowns. These delays may not result in liability, but they can justify a time extension.
- Non-Excusable: These are delays that are considered within the control of a party, such as poor planning, missed deadlines, or subcontractor issues. If a contractor causes a non-excusable delay, they may be held liable for damages.
Then there’s the question of whether a delay is compensable according to the terms of the parties’ contract:
- Compensable: If a delay is caused by one party and results in additional costs for another, the injured party may be entitled to compensation.
- Non-Compensable: Some excusable delays are not subject to financial recovery, even if they extend the project timeline.
Determining Fault in Florida Construction Disputes
Florida courts rely heavily on the terms of the construction contract when determining who is responsible for a delay. Many contracts include detailed “delay clauses” that outline the parties’ rights and obligations surrounding delays. These clauses typically address:
- Time extensions for excusable delays
- Notice requirements for delay claims
- Liquidated damages for project overruns
- Force majeure (or “acts of God”) provisions
- Procedures for handling unforeseen conditions
The contract may also specify how disputes will be resolved—through arbitration, litigation, or mediation.
When disputes arise, evidence such as project schedules, daily logs, correspondence, change orders, and inspection reports become critical in determining fault. In complex cases, construction delay experts may be retained to analyze the sequence of events and assess the true impact of the delay.
Can Multiple Parties Be at Fault?
Yes. In many construction disputes, multiple parties share responsibility for delays. For example, a contractor might be slow to mobilize, but the owner might also be late with payments or approvals. In such cases, courts may apportion fault and adjust damages accordingly.
This concept, known as concurrent delay, can significantly affect the outcome of a claim. If both parties contribute to the delay, it may limit or eliminate the ability to recover compensation. That’s why it’s so important to keep detailed records and work with experienced legal counsel to present a strong case.
How Boatman Ricci Can Help
At Boatman Ricci, we have extensive experience handling complex construction disputes, including those involving delay claims. Whether you’re a property owner facing unexpected project overruns, a contractor being blamed for missed deadlines, or a subcontractor caught in the middle, we can help you:
- Review your contract to determine your rights and responsibilities
- Gather and preserve evidence to support your position
- Negotiate with the opposing party to reach a fair resolution
- Represent your interests in mediation, arbitration, or court if necessary
Our team understands the technical and legal challenges of construction delay claims and provides clear, practical guidance every step of the way.
Don’t Let a Delay Derail Your Project
Construction delays are frustrating—but they don’t have to lead to financial disaster or long-term disputes. With the right legal support, you can protect your interests and keep your project on track.
If you’re involved in a construction delay dispute in Naples or anywhere in Southwest Florida, contact Boatman Ricci today to schedule a consultation.