Know Your Options After Construction Delays
Construction projects are high-stakes investments. Unfortunately, these projects can suffer from delays, errors, poor communication and unforeseen problems. If your company has encountered significant delays in construction, bring your questions to the experienced attorneys at Meynardie & Nanney, PLLC. Our dedicated construction contracts and litigation attorneys have over 60 years of combined experience and we’re ready to get to work for you.
What Are My Rights If My Construction Project Has Been Delayed?
The first thing to examine in a construction delay case is the original contract with the other party. The contract will help determine if you can recover the related costs. In some cases, the contract may limit your ability to recover losses. For example, a mutual waiver of consequential damages provision will reduce the types and amount of recoverable damages.
Despite the terms of the contract, however, you may have other options. North Carolina laws make certain clauses for certain projects unenforceable. For example, a no damage for delay clause is unenforceable in government construction contracts.
If you believe you may have a claim, it is important to review the details of your contract and the law with a thorough lawyer.
My Contractor Promised That The Project Would Be Done Months Ago. Can I Force Completion?
Your contract determines the relationship between the project owner and the builder. If the contract does not contain a completion date or the right to self-perform or supplement the builder’s work at his or her expense, your best option might be to terminate the contract. However, termination can have several consequences, so it is critical to get professional legal advice before resorting to this option.
The limitations of your options can be frustrating. Before signing any construction contract, ensure that the terms provide fair incentives and penalties to encourage the builder to complete their work in a timely manner.
Are No Damage For Delay Clauses Enforceable In Construction Contracts?
Generally, no damage for delay clauses are enforceable, but there are exceptions. They are not enforceable in contracts with North Carolina state government or its political subdivisions. There are also ways to recover delay-related damages despite a no damage clause under specific conditions. To learn more about whether your contract is enforceable, consult with your attorney.
We Can Assist You In Construction Delay Cases
Based in Raleigh, Meynardie & Nanney, PLLC, has the experience and skill to help you pursue legal remedies to complete your construction project. Call 919-891-8409 or send an email to our law firm to get a thorough consultation.