Delays are one of the most common and costly problems in construction. A project that falls behind schedule can disrupt financing, extend temporary living costs, and create friction between contractors and property owners. Understanding what qualifies as a breach of contract and how to respond can help you limit financial damage and protect your legal rights.
Understanding Construction Delays
Not all delays amount to a breach of contract. Some are unavoidable, such as weather events or supply chain shortages, while others occur because of poor planning or mismanagement. The key is to identify whether the delay is excusable or inexcusable.
An excusable delay is typically beyond the contractor’s control, like unexpected storms or government permit issues. An inexcusable delay happens when the contractor fails to perform due to poor scheduling, lack of supervision, or neglecting to hire enough qualified workers.
Your construction contract should clearly outline how delays are handled, including notice requirements and the process for requesting time extensions. Without this, proving fault can become far more complicated.
When a Delay Becomes a Breach of Contract
A construction delay crosses into breach territory when one party fails to meet a contractual obligation without a valid excuse. Examples include:
- A contractor not completing work by the agreed deadline
- Failure to pay subcontractors or suppliers on time
- Ignoring written notices to correct performance issues
A breach may also occur when the contractor’s actions cause significant financial harm or interfere with your ability to use the property as intended.
To support your case, document everything. Keep written communications, invoices, photos, and progress reports. This evidence will help your construction attorney assess the situation and determine whether the delay constitutes a legal breach.
Steps to Take if You Suspect a Breach
If a delay drags on longer than agreed, take the following steps:
- Review your contract – Identify clauses related to performance deadlines, notice requirements, and remedies.
- Communicate in writing – Send a formal notice outlining the delay and requesting an explanation or corrective action.
- Pause additional payments – Avoid releasing further funds until the issue is clarified.
- Consult a construction lawyer – A qualified attorney can evaluate your options and, if necessary, prepare a demand letter or initiate legal proceedings.
Early legal involvement often prevents the situation from escalating into a lawsuit.
How a Construction Attorney Can Help
A seasoned construction lawyer can determine whether a delay violates the contract and help negotiate a fair resolution. Depending on the circumstances, this may include:
- Extending the project timeline
- Recovering financial losses
- Terminating the contract and hiring a new contractor
In complex cases, an attorney can also coordinate with inspectors or experts to verify performance issues and strengthen your claim.
Protect Your Project Timeline and Rights
Delays don’t have to derail your entire project. The sooner you act, the more options you have to resolve the problem. If you suspect a breach of contract, don’t wait until costs spiral out of control.
Contact us today to speak with a construction attorney who can help you understand your rights and protect your investment.
