Construction Law

Why a Request for a Time Extension May Be Denied featured image

Why a Request for a Time Extension May Be Denied

Construction projects experience delays for a multitude of reasons. Under the construction contract, a contractor may be entitled to an extension of time to complete work as long as they themselves didn’t cause the delay. Below, our Tallahassee construction lawyers will explore reasons why a request for a time extension may not be approved.

Are You Entitled to a Time Extension?

The approval of an extension of time will depend on whether the delay prevents the contractor from completing the job by the previously set deadline and whether there is any additional time in reserve to allow for a particular delay. Time extension requests are valid in the following circumstances:

  • Owner-related delays
  • Adding extra work not originally included in the scope
  • Adding work not originally included in the Scope of Work
  • Unusual weather conditions
  • Site conditions that are different from project plans
  • Legal issues that affect the contractor’s performance or project completion

Instances When Time Extensions Won’t Be Approved

This could be due to a contractor’s negligence in the area of performance or delays. If you are experiencing a labor shortage on your job site or the weather is considered to be typical, this could cause the request to be denied as well. It is also important to highlight that time extensions will be denied for the following reasons:

  • There is a workforce shortage
  • A contractor is underperforming
  • The delay was caused by subcontractors
  • Failure to provide written notice to the owner when an excusable delay occurs

The circumstances above are the very reasons why contractors and their clients need to have specific procedures in their contracts to address potential project delays. Implementing an extension of time clause into your contracts is critical for reducing liability when you are at no fault in the causation of a delay. A Tallahassee construction lawyer from Cotney Attorneys & Consultants can help you secure your right to a time extension.

If you would like to speak with one of our Tallahassee construction lawyers, please contact us at 850.213.1295, or submit our contact request form.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.