Avoiding and Minimizing Construction Delay Claim Disputes in Relational Contracting

Abstract

Delays on construction projects, and the claims which emanate from such delays, are an integral part of the modern construction process. The overwhelming amount of time, energy, and cost devoted to delay claims does not begin when a claim is initially submitted at or near the completion of a job, rather, the construction delay claim process commences at project inception. A discussion is provided relative to how claims are generated during a construction project, the various types of delay, contract provisions which may trigger construction delay claims, methods of solidifying a party’s position, presentation, substantiation and justification of a claim, formal and informal methods to resolve claims and, most importantly, mechanisms by which to cut down on the incidence of delay claims.