Construction Project Management Services and Construction Books
  • Construction Home
  • About Paul Netscher
  • +Construction Books
    • Successful Construction Project Management
    • Building a Successful Construction Company
    • Construction Claims
    • Construction Project Management: Tips and Insights
    • Construction Management: From Project Concept to Completion
    • An Introduction to Building and Renovating Houses
    • The Successful Construction Supervisor and Foreman
    • Designing your ideal home
  • Construction Management Services
  • Book Reviews
  • Contact
  • Blog | Construction Management
  • Site Map
  • Blog | Home Improvement
  • Index of construction articles
  • Useful Links
  • Index Home Improvement

Can I Claim for Additional Time on My Construction Project?

6/12/2018

0 Comments

 
Picture
"Learn all about variation claims and change orders in this simple practical guide to variation claims."
​All too often, construction projects are finished late. Usually, the contractor is blamed. Contractors inevitably lose money because they are on the project longer than they planned to be. In addition, they are often penalised by the client for finishing late. But, is it always the contractor’s fault?

Many of the delays experienced on a construction project are due to circumstances beyond the contractor’s control, which means that the contractor could have claimed an extension of time, usually including the additional costs that they incurred as a result of the delay. So why don’t contractors claim for these delays?
The impacts of not completing your construction project on time

Why contractors do not claim for delays

​Unfortunately, contractors often fail to submit delay claims because:
  1. They are so focused on doing the work that they don’t recognise when they have been delayed by circumstances which they could not have reasonably allowed for.
  2. They don’t understand their contractual rights in terms of the contract.
  3. They don’t understand the construction schedule and the impact that the delay will have on the project completion.
  4. They believe that the delay won’t be a problem and that they’ll catch up the lost time.
  5. They don’t want to upset the client by submitting a delay claim. Many of these delays occur early in the project, sometimes even before work on the project has begun and contractors are often embarrassed to be submitting a delay claim so early in the project.
Picture
"Many construction projects are delayed by the client or unforeseen events."

Early notification of construction delays is important

​It is vital to notify the client immediately when a delay occurs. Not only can the client sometimes take steps to minimise the delay by rectifying the situation, but they also have the option of requesting the contractor to accelerate the work to catch up the lost time, or they can implement steps to avoid delay on their following activities.

Contractors must understand the contract

​Contractors must learn to be more focused on the contractual issues as well as the construction work. Those who don’t understand their contractual rights will run into trouble, costing them money which could ultimately sink their company. The contract document is there to protect the client’s rights as well as the contractor’s rights, and no client can object to a contractor’s legitimate delay claim. Indeed, in the course of my career, I’ve been involved in over 120 projects for a multitude of different clients and many of these construction projects have involved variation and delay claims. Almost every one of these claims was settled amicably, even though some involved substantial increases to both the value and the time of the project. In nearly every case we went on to do further projects with the client.
Should construction project managers take the lead with variation claims?
Picture
"Contractors must understand their construction contracts."

Delay claims must be proven

​Of course, it is important that every delay claim is backed up by sound logic and information.

Regrettably, some contractors only focus on submitting claims, often variation claims which are only desperate attempts to claw back time and money that has been lost due to their own mistakes. Many of these variation claims or change orders have no sound basis and are a waste of the contractor’s and the client’s time. In my next article, I’ll discuss some reasons the contractor can’t claim a delay for. ​​How to Make your Construction Change Order Claims Successful

When Can Contractors Claim for Additional Time?

Contractors can claim for additional time when:
  1. The client increases the scope of work on the project.
  2. The client issues instructions to the contractor to stop work for reasons unrelated to the contractor. Or, when the contractor can prove that the client wrongfully stopped them working because the client claimed the contractor had not fulfilled certain responsibilities.
  3. The client’s team provided construction information late to the contractor.
  4. The contractor received access to a work area late.
  5. The work area given to the contractor was not in accordance with the contract or the drawings. For instance, the area may not have met the correct specifications, dimensions or levels.
  6. The client changes specifications to an item so that the item has to be reordered which causes a delay, or that the item with the newer specification takes longer to manufacture.
  7. The client’s activities delay the contractor. This could be that the client’s contractors have not completed tasks required by the contractor to proceed, or the client’s operations impede the contractor’s work.
  8. The client unnecessarily withholds approvals of the contractor’s designs, drawings or completed items.
  9. The client demanded additional tests and inspections which weren’t in the contract document and which aren’t the norm in the construction industry.
  10. The client demanded additional safety measures which weren’t stipulated in the contract document and which are above the normal requirements for the industry.
  11. The client’s team issues drawings which have errors or omissions which results in the contractor being unable to carry out their work, or which caused the contractor to construct an item incorrectly which then has to be redone.
  12. There were unforeseen site conditions which delay the contractor. These conditions could include:
    1. Existing unknown services and utilities, such as; gas lines, electrical cables, water pipes, data cables, etc. which have to be moved or protected.
    2. Different soil conditions such as rock and clay.
    3. Encountering hazardous materials.
    4. Discovering of archaeological artefacts.
    5. Uncovering buried building rubble.
  13. There are extreme weather events in excess of what could be expected for that location at that time of the year.
  14. Items that were specifically excluded in the contract, possibly such as, normal expected weather or hurricanes and tornadoes, occur.
  15. Changes in legislation.
  16. National strikes, work stoppages or disruptions which stops the contractor’s work, or impacts their suppliers or subcontractors.
  17. Disruptions caused to the contractor’s work by the client’s workers embarking on industrial actions such as work stoppages.
  18. Client supplied materials or equipment arriving late, or where these aren’t fit for purpose.
  19. Drawing coordination problems where the drawings supplied by the client’s team don’t agree. For instance the engineer’s drawing doesn’t allow for the requirements on the mechanical or the architect’s drawings.
  20. The client failing to obtain the statutory permits and authorisations that they are responsible to obtain.
  21. The client’s team doesn’t immediately respond to the contractor’s queries, where these queries directly impede the contractor’s progress on the project.
  22. The client doesn’t supply facilities or utilities in the quantity, or time, that they were required.
  23. The client revises drawings which causes the contractor to redo work already completed.
  24. The client changes the sequence on the construction schedule which impacts progress on the critical path.
  25. The client failed to relocate a service or utility line which they were supposed to move and this prevents the contractor from working.
  26. The client (or the client’s contractors) damages the works which has to be repaired by the contractor.
Of course, sometimes you can’t claim for some of these events. For instance, if they don’t impact progress on the construction schedule’s critical path. Read my next article: When you can’t claim for a delay.
Picture
"Get more practical construction management tips and insights."

Know your rights when construction delays are not your fault

It is important that contractors understand the construction schedule and the contract document. Contractors should immediately notify the client when a delay event occurs so that the delay can be minimised. In fact, where ever possible remind the client ahead of time when information and access is required, or when you foresee a potential problem. Review construction drawings early to ensure that they have all the required information for construction. Be proactive to where ever possible limit delay claims. How to avoid construction disputes
​
Don’t get beaten up for completing a construction project late when the delay wasn’t your fault, or it was caused by something you could not have reasonably expected, or avoided.
If you are not sure about a contractual issue ask for expert advice. Wise up to your contractual rights. My book: ‘Construction Claims: A Short Guide for Contractors’ provides some useful guidance, as do many other similar books.
Is your project being delayed by circumstances outside your control?
What are some of the delays that you have experienced on your projects?
This article was first published on the ClockShark website. 
Please share this post
Picture
​To read more about the author’s books and find out where you can purchase them visit the pages on this website by clicking the links below:
  • '​Successful Construction Project Management: The Practical Guide'
  • 'Building a Successful Construction Company: The Practical Guide'
  • 'Construction Claims: A Short Guide for Contractors'
  • 'Construction Project Management: Tips and Insights'
  • ​'Construction Management: From Project Concept to Completion'
  • and 'Build and Renovate Your Home With Your Eyes Wide Open'
'Construction Book reviews'
To read more about the author visit the page 'Paul Netscher'
Want to contact Paul Netscher please enter your details on 'Contacts'

Find out how Paul Netscher can help you

construction management construction project management
0 Comments

Your comment will be posted after it is approved.


Leave a Reply.

    Picture
    Picture
    Picture

    Archives

    December 2024
    November 2024
    October 2024
    June 2024
    April 2024
    March 2024
    February 2024
    January 2024
    September 2023
    July 2023
    May 2023
    March 2023
    January 2023
    October 2022
    August 2022
    June 2022
    May 2022
    March 2022
    January 2022
    December 2021
    November 2021
    October 2021
    September 2021
    August 2021
    July 2021
    June 2021
    May 2021
    April 2021
    March 2021
    February 2021
    January 2021
    December 2020
    November 2020
    October 2020
    September 2020
    August 2020
    July 2020
    June 2020
    May 2020
    April 2020
    March 2020
    February 2020
    January 2020
    December 2019
    November 2019
    October 2019
    September 2019
    August 2019
    July 2019
    June 2019
    May 2019
    April 2019
    March 2019
    February 2019
    January 2019
    December 2018
    November 2018
    October 2018
    September 2018
    August 2018
    July 2018
    June 2018
    May 2018
    April 2018
    March 2018
    February 2018
    January 2018
    December 2017
    November 2017
    October 2017
    September 2017
    August 2017
    July 2017
    June 2017
    May 2017
    April 2017
    March 2017
    February 2017
    January 2017
    December 2016
    November 2016
    October 2016
    September 2016
    August 2016
    July 2016
    June 2016
    May 2016
    April 2016
    March 2016
    February 2016
    January 2016
    December 2015
    November 2015
    October 2015
    September 2015
    August 2015
    July 2015
    June 2015
    May 2015
    April 2015
    March 2015
    February 2015
    January 2015
    December 2014
    November 2014
    October 2014
    September 2014
    August 2014
    July 2014
    June 2014
    May 2014
    April 2014

    ​Note: We welcome genuine comments, especially comments that add additional information to the subject matter in the article. We however reserve the right to remove inappropriate comments, which includes comments that have nothing to do with the subject, comments that include inappropriate language, and comments that are an advertisement for a product or company, or which include an advertising link. Comments must be in English. We will not enter into discussion on why a particular comment was removed.

    Categories

    All

    RSS Feed

    Copyright 2016 - The attached articles cannot be reproduced for commercial purposes without the consent of the author.
    The opinions expressed in the attached articles are those of the writer. It should be noted that projects are varied and different laws and restrictions apply which depend on the location of the contractor and the project. It's important that the reader uses the supplied information taking cognisance of their particular circumstances. The writer assumes no responsibility or liability for any loss of any kind arising from the reader using the information or advice contained herein.
    Picture
    "I have what I consider some of the best books on construction management."

    Books are available from:
    Amazon.com
    Amazon.co.uk
    takealot.com

    kalahari.com
    Amazon.in
    Amazon.de
    Amazon.fr
    Amazon.it
    Amazon.com.au
    Powell's
    Fishpond
    uread
    bokus
    Amazon.ca
    Amazon.es
    Other retail stores

    Available in paperback or on Kindle
    Picture
    ​"28 YEARS OF CONSTRUCTION PROJECT MANAGEMENT EXPERIENCE, DEVELOPING SUCCESSFUL CONSTRUCTION PROJECT MANAGERS AND BUILDING SUCCESSFUL CONSTRUCTION COMPANIES"
    Picture
    Picture
    Picture

Construction Books

Successful Construction Project management
Building a Successful Construction Company
Construction Claims: A Short Guide for Contractors
Construction Management: From Project Concept to Completion
Construction Project Management: Tips and Insights
​
Build and Renovate Your Home With Your Eyes Wide Open
Book Reviews

Construction services

Construction Management Services
Paul Netscher
Construction Management Blog
​Home Improvement Blog

Contact
Developing Successful Construction Project Managers.

Building Successful Construction Companies.
30 years of construction project management experience
  • Construction Home
  • About Paul Netscher
  • +Construction Books
    • Successful Construction Project Management
    • Building a Successful Construction Company
    • Construction Claims
    • Construction Project Management: Tips and Insights
    • Construction Management: From Project Concept to Completion
    • An Introduction to Building and Renovating Houses
    • The Successful Construction Supervisor and Foreman
    • Designing your ideal home
  • Construction Management Services
  • Book Reviews
  • Contact
  • Blog | Construction Management
  • Site Map
  • Blog | Home Improvement
  • Index of construction articles
  • Useful Links
  • Index Home Improvement