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Extension of time and claim

VirginiaConstruction Contract

The General Contractor is in charge of excavation and the GC equipment breaks down causing delay what claim can the subcontractor make in a situation like this

1 reply

Sep 20, 2019
If the contract for construction includes a formal process for managing delays, that process should be followed. It's relatively common for contracts to include a specific process for delay claims and time extensions - particularly for larger, more complex projects. If there's no set process for making a delay claim, things might be a little less cut and dry. Levelset wrote this article discussing how to request an extension of time, but let's dive into some detail below. it's still a good idea to make a claim as formally as possible. Sending a written letter requesting a time extension is likely a good first step. Such a letter should include sound reasoning for why the extension of time should be granted - i.e. some background on what caused the delay and why the project can no longer be completed within the original work schedule. It'd be wise to include documentation of any issues or events causing the delays, too. In a situation where a GC has very clearly caused delays for their subs, if they're reasonable, a contractor should typically be open to reasonable extensions. But, it's always possible that they would rather attack the potential delay with accelerating work instead. Finally, here are some additional resources that might be helpful regarding delays and delay claims: (1) Types of Construction Project Delays – Inexcusable Delays vs. Excusable Delays (2) Construction Delay Claims: Types, Claims, and Defenses
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