There are different types of damages available for construction projects or jobs with contractors and an owner based on the delay itself and who is responsible for the prolonged construction. Knowing what damages are possible in these situations may help the aggrieved party seek what he or she feels is necessary compensation.
Damages for delays with a contractor could lead an owner to seek the compensation through the courts or a settlement with legal assistance between the owner and contractor. The delays are often due to some action or specific activity the contractor engages in that leads to an unfinished product by the deadline. In these situations, the owner may pursue a monetary amount, the complete project without further expense or a combination of several different remedies. When the contractor is responsible for the delay, the courts may provide the owner with additional compensation, and it is generally better to settle with the lawyers.
Why Damages Are Available
When an owner and contractor enter into an agreement, they generally forge a contract. The obligations of each party exist in clauses, and any damages owed by either may have explicit details within the document. Damages’ statements in the contract may stipulate who owes at what point and how much. Some contracts only explain why a person would become responsible for compensation owed to the other party. Some clauses may only provide a remedy and no actual monetary compensation. These guidelines depend on the paperwork and the signatures of the contractor and owner. It is essential to hire a lawyer so that contract is valid and understandable to both the owner and contractor when entering into such agreements.
The Damages Available Due to Compensable Delays
The owner may receive damages from the contractor in a project when he or she incurs an inexcusable delay, and these also called compensable delays because one party owes the other compensation for the delay to the deadline. Most of these are not an anticipated possibility, but many are due to the inaction, action or negligence of the contractor or owner. In contractor delays, the company, employee or contractor causes the delay and takes responsibility. Then, the owner may recover monetary damages or seek another remedy such as a completion of the project without additional expense to him or her. The extra costs that the job may create are then put upon the contractor to pay.
Compensable delays may include negligence in acquiring the materials at the right time or planning on building or constructing during inclement weather. If unforeseen nature issues occur such as an earthquake or tornado, these are generally excusable without any problems falling on the contractor. However, knowing that it will rain and either delaying or not working around the weather could cost the contractor in the end. Many damages become available because the contract stipulations will hold the contractor responsible for certain actions or activities he or she must perform to complete the job. If the contractor and owner are unable to resolve the matter together, the owner may seek legal representation to seek a remedy.
Measuring and Calculating Delays
The schedules of a project, construction or for various duties are important. These help the contractor stay on time for the job, and any delays may have a specific monetary calculation based on the issue that arises. The schedule of planning may also provide the owner with details about what went wrong and were. This will provide additional information about excusable and inexcusable delays, so the homeowner or owner of the building is aware of who is responsible for what problem. It is imperative to monitor and update schedules based on work completed and any lack of finishing certain tasks within the contract.
Calculating the time and money the delay causes could provide the owner with enough information to seek a remedy or compensation for the inexcusable delays the contractor is responsible for with the project. This could cut down the time litigation or negotiation takes when the owner needs to pursue a legal claim against the contractor for the delays. However, it is still best to hire a lawyer to attempt to pursue the best course of action, even if it leads to the courtroom.
Legal Help in Contractor Delays and Damages
Hiring a lawyer is helpful with the initial contract, but when delays are costly, the owner may need to make use of legal services to ascertain damages for the delays. Seeking compensation or a remedy is better through legal representation.