Construction Delays and Other Claims - Construction Project Scheduling and Control - page 344

PREFACE
Construction delays and their resolution is a complicated subject. Many attorneys
retain consulting enginers, schedulers, and other experts to assist them in understand-
ing the technical issues that arise in construction-related cases as well as to provide
expert witness testimony. Some attorneys go back to school to obtain college degrees
in engineering and construction in order to acquire technical knowledge in addition
to their legal knowledge. 2 Many topics, seminars, and organizations have been dedi-
cated to this subject. This chapter merely touches on the subject and provides some
“common-sense” concepts and general outlines. This author strongly commends that
readers refer to topics and specialized sources for a more in-depth study.
INTRODUCTION
In its simplest definition, 3 a delay is the action or condition that results in finishing
a project later than stipulated in the contract. A delay can also pertain to starting
or finishing a specific activity later than planned. On the other hand, a claim is a
request from one contract party (usually the contractor) to another party for additional
compensation, an extension of time, or both. If we put the two terms together, a delay
claim simply means a claim related to a delay.
As is well known, construction projects involve many risks because things rarely, if
ever, go as planned. As a result, claims have become almost inevitable in construction
projects.
Claims can be initiated by any project participant against any other project partic-
ipant. An architect may initiate a claim against an owner or vice versa. A supplier may
initiate a claim against the contractor or the owner, and so on. Since the contractor is
the party that is usually responsible for performing the physical work on the project
and since the contractor does not traditionally have a contractual relationship with the
designer (A/E), most claims are initiated by the contractor against the owner.
It is important, though, to note that a claim is not necessarily a negative thing;
nor does it automatically indicate a confrontation. Many claims are legitimate and are
routinely resolved to the satisfaction of both parties.
DELAY CLAIMS
A delay claim can be for an extension of time in the contract, monetary compensa-
tion, or both. Delays are also classified into excusable, compensable, and nonexcusable
(explained later).
2 Conversely, some engineers and architects go back to school to obtain a degree in law and utilize their
technical background.
3 In the construction management context.