Issues with missed deadlines are common in the construction industry. Certain deadlines will be written into the initial contract, and the project is expected to be completed by these deadlines. If the contractor misses the deadline, it can sometimes lead to litigation, especially if it causes financial harm to the property owner – such as a business owner who cannot open on time.
However, excusable delays are those that are not the responsibility of the contractor in the first place. They are outside of the contractor’s control.
Actions carried out by the property owner
For instance, the property owner themselves may need to take certain actions. Perhaps they need to approve drawings and designs. Maybe they need to carry out an inspection on time so that the project can move forward. Perhaps the property owner has agreed to purchase the parts and materials for the construction company, but they failed to purchase them or failed to have them delivered on time, so the project runs behind schedule.
Weather events
In some cases, unforeseen weather events can also be considered excusable delays. This is especially true when they deviate from expected weather patterns in the area. If there is localized flooding or a severe storm, for instance, the project may not be able to continue as scheduled. It could run days or even weeks behind.
Disputes over excusable delays
As you can imagine, there are often disputes where a contractor will claim that an excusable delay caused them to miss the deadline and that they do not bear responsibility, but the property owner alleges that the contract has been breached. When these disputes arise, it is important for the parties involved to understand their legal options.
