“We had a contractor who was supposed to start a project in late 2019. The project is still not finished and is well past the deadline. The contractors are claiming they need extra time and to increase the contract price because of certain delays. Can they do this? Do I have to pay them more to complete the job? What should I do?”
Homeowners often feel overwhelmed when a construction project drags on longer than promised, and the contractor begins requesting more time or additional payment. These situations fall under what attorneys call construction delay claims, and they are increasingly common since 2020.
Many clients ask, “Can you sue a contractor for taking too long?” or “Is there a penalty for contractor not finishing on time?” We’ve outlined what you need to know here.
How a Delay Claim Construction Lawyer Can Help You
A lot will depend on the terms of your specific contract. It may be beneficial to retain a delay claim construction lawyer to review the agreement. For example,
most construction agreements contain detailed provisions about timelines, change orders, and the circumstances under which price adjustments may be requested.
If your contractor is asking for additional money or time, the first step is to review the contract sections related to force majeure, construction delays, change-order requirements, and scope-of-work obligations. If the contractor failed to submit a written change order or did not follow the notice requirements outlined in the contract, they may have weakened their ability to demand a price increase.
Likewise, if the agreement includes a firm completion date or expressly states that “time is of the essence,” the contractor could face liability for missing the deadline without proper justification. In many jurisdictions, unjustified or excessive construction delays can trigger monetary damages or allow the homeowner to terminate the agreement. This is often where a delay claim construction lawyer becomes essential, as they can assess whether a breach has occurred and outline the available remedies.
In general, though, if a contractor has failed to follow the terms of the contract regarding price, timeline, work performance, etc., you may have a claim for breach of contract.
One defense to a breach of contract involves impossibility – meaning, if a contract cannot be performed, then there may be an excuse for performance. Imagine a situation where a couple has rented a venue for their wedding on April 2. If, on April 1, a tornado sweeps through and knocks the building down, the venue owner would have a good reason not to comply with the obligation in the contract to rent out the space to the couple, because there is no longer a space in existence!
That is an extreme example, but the concept of impossibility has arisen due to a pandemic and the subsequent supply chain issues. Courts are just now working through these breach of contract cases to decide if pandemic-related delays are valid for late work/price increases.
Although contractors often cite extremes like pandemics as a universal excuse for late performance, courts have been clear that not every pandemic-related delay qualifies as “impossibility” or “commercial impracticability.” To rely on these defenses, a contractor must typically show that the delay was truly outside their control, no reasonable alternatives existed, and they acted in good faith to mitigate the impact.
For example, if the contractor could have ordered materials earlier, substituted available materials, used alternative suppliers, or adjusted staffing, the delay might not be considered excusable.
Courts also scrutinize whether the contractor communicated delays promptly and provided documentation. This is particularly important when the contractor is also seeking a price increase. Without evidence of genuine, unavoidable pandemic-related issues, the contractor’s request may be seen as overreaching. As courts continue to refine the legal standards surrounding pandemic-era construction delays, it becomes even more important for homeowners to gather written evidence and track all communications.
Before agreeing to any new timeline or price increase, consider taking several protective steps. First, request written documentation supporting the contractor’s construction delay claims, such as supplier notices, shipping confirmations, or labor shortage evidence. Second, review whether your contract includes liquidated damages, which act as a built-in penalty for a contractor not finishing on time or failing to meet agreed-upon deadlines.
These clauses can compensate you for lost use of your home, rental expenses, or other financial harm caused by construction delays. If the delay is unjustified, you may be entitled to demand completion at the original price, negotiate a reduced price, or even terminate the contractor and hire someone else. In more serious cases, you may pursue construction delay claims or damages in court.
Given that so much of a breach of contract claim depends on the terms of the specific contract, it is strongly suggested that you contact a delay claim construction lawyer from LloydWinter. Even if you just paid for an analysis of the contract and memorandum advising as to next step options, it would be money well spent.
Get Legal Help for Construction Delays Today
Many homeowners don’t realize they may have strong grounds for construction delay claims until they speak with a delay claim construction lawyer, who can outline whether litigation, negotiation, or mediation is in their best interest. Getting early legal advice is usually far less expensive than allowing construction delays to continue unchecked. Call us on 559-272-9820 or schedule an online consultation with us at LloydWinter today!
