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By Stephen Schahrer
Attorney

Supply chain problems can disrupt even the most well-planned construction projects. A delayed shipment of materials or unexpected shortage of supplies can bring work to a halt, frustrating everyone involved. These disruptions often lead to increased costs, extended timelines, and strained relationships among contractors, suppliers, and property owners. Understanding who may be at fault is the first step in resolving disputes and recovering financial losses.

Understanding Supply Chain Problems in Construction

Supply chain problems in construction happen more often than you might think. Delays in the delivery of materials, shortages of skilled labor, and unexpected transportation issues can all throw a project off schedule. Even small disruptions can lead to significant setbacks, affecting budgets and deadlines. For example, if critical materials like concrete or steel arrive late, construction teams might be forced to pause work, wasting valuable time and money.  

Sometimes, these problems stem from suppliers overpromising or contractors underestimating timelines. Other times, external factors like severe weather or global trade disruptions play a role. Regardless of the cause, supply chain problems can create a domino effect, impacting everyone involved in the project. Identifying the source of the problem is key to addressing it effectively and minimizing damage.

Who Could Be at Fault?

Determining fault for supply chain problems depends on the circumstances and agreements in place. Several parties could bear responsibility, including:  

  • Contractors: They are often responsible for sourcing materials and ensuring they arrive on time. If they fail to plan effectively or communicate with suppliers, delays may occur.  
  • Suppliers: A supplier who misses delivery deadlines or provides defective materials may be at fault for project disruptions.  
  • Owners/Developers: Their decisions, such as late approvals or failure to release payments, can directly impact the supply chain.  
  • External Factors: Unpredictable events like severe weather, natural disasters, or geopolitical issues can also disrupt supply chains. While no single party may be at fault for these, contracts often outline how such risks are managed.  

Understanding the roles and obligations of each party is vital to resolving disputes and seeking appropriate compensation.

What Damages Can Be Pursued in Supply Chain Disputes?

When supply chain problems disrupt a construction project, you may be entitled to pursue damages to recover financial losses. Common types of damages include:  

  • Direct Costs: Extra expenses for expedited shipping, alternative materials, or additional labor to address delays.  
  • Project Delays: Penalties for late project completion or increased costs for extending timelines, such as overtime pay or extended equipment rentals.  
  • Lost Profits: Revenue lost due to an inability to complete or deliver the project on time.  
  • Legal Fees: Costs associated with resolving disputes through mediation, arbitration, or litigation.  

Documenting these losses thoroughly is critical to building a strong case. By identifying the responsible party, you can seek the compensation needed to offset the financial burden caused by delays.

How Contracts Address Responsibility

Construction contracts are central in determining who is responsible for supply chain problems. Clear terms in the agreement can allocate risks and outline remedies if delays occur. For example, many contracts include delivery timelines, penalties for late performance, and “force majeure” clauses to address uncontrollable events like natural disasters.  

By reviewing these provisions, you can understand your rights and obligations in case of disruptions. Contracts often specify who bears additional costs for delays, whether it’s the contractor, supplier, or owner. If a problem arises, these terms can provide a roadmap for resolving disputes and pursuing compensation. 

What Steps Can You Take?

If supply chain problems arise during your construction project, taking immediate action can help protect your interests. Start by reviewing your contract to understand the terms related to delays and responsibilities. Communicate directly with the other parties to identify the root cause of the problem and explore possible solutions.  

Document any additional costs, delays, or missed deadlines to build a clear record of the impact. If disputes escalate, seeking legal guidance can clarify your options for recovery. We can help you assess the situation, enforce your contract rights, and pursue the compensation you deserve.

Contact Our Experienced Naples Supply Chain Dispute Attorneys

Supply chain problems can create significant challenges for construction projects, but understanding who is responsible and what damages you can pursue is the first step toward resolution. Clear contracts, proactive communication, and swift action can make a difference when disruptions occur.  

At Boatman Ricci, we understand how delays can impact your bottom line and your project’s success. If you’re dealing with supply chain issues in Florida, we’re here to help. Contact us today to discuss your options and protect your interests in any construction dispute.

About the Author
Mr. Schahrer has a diverse professional background including experience working for the Florida State Legislature, the United States Marshals Service headquarters in Washington D.C., and the local non-profit, St. Matthew’s House. He joined Boatman Ricci as a Law Clerk in 2016 and worked with the Firm throughout his time in Law School and then joined the Firm as an Associate Attorney. In his spare time, Mr. Schahrer enjoys training and teaching Martial Arts and spending time with his family in beautiful Naples, FL.