Delays are inevitable in construction. They can also cause the project owner to lose a lot of money resulting from contractor claims, loss of use of the project, the cost of construction funding and other damages which are incurred when a project extends beyond the scheduled completion date.

Delays can be caused by the owner, the designer, the contractor, or a combination of any of these. Owner caused delays may be occasioned by site access issues, delays in obtaining government approvals, financing issues, changes to the scope of work and many other reasons. Designer caused delays may result from inadequate detail in the plans, lack of timeliness in responding to submittals and requests for information (RFI), design errors and omissions and untimely inspections, among other things. Contractor caused delays may occur from poor project management and coordination, inadequate financial and labor resources or defective workmanship. Lastly, unanticipated severe weather—or a pandemic—can also delay a construction project.

Ultimately, the project owner bears the burden of the majority of delay claims on a construction project. Here are some commonly used and oft successful defenses for the project owner in combatting delay claims.