Delays and impacts are frequent occurrences on construction projects. The allocation of such risks under the construction contract is an essential component in the evaluation of rights and remedies, as is the conduct of the parties in performing the obligations of construction.

DSV construction lawyers provide sophisticated representation regarding the issues of construction delay to a variety of clients. Due consideration must be given to express contractual obligations as well as obligations inherent in construction contracts that are implied by the court, such as the duty not to hinder or interfere with the performance of another party. A breach of this implied duty constitutes a default under the contract and provides a basis for the recovery of damages sustained by the non-defaulting party. 

Our lawyers know the business of construction and use this knowledge to enhance the representation of our clients. The members of the DSV Construction Practice Group have represented clients involved in a wide range of delay and impact disputes. Initial considerations relate to the contractual allocation of such risks by defining the events that constitute excusable, nonexcusable, compensable and noncompensable delays, including notice provisions required for excusable and compensable delays. Subsequent analyses relate to the cause and effect of the delay, and the evaluation of liability of those that are responsible for delaying the job and increasing the cost of performance. 

Our construction lawyers have a strong understanding of the cause of delay on construction projects, as well as the resulting ramifications. Simplification and clarification are important to the effective presentation of a complex delay or acceleration analysis, and our lawyers present comprehensible and coherent analyses of the causation and responsibility for construction delay.  We pride ourselves on the aggressive and cost-effective representation of our clients in prosecution and defense of delay claims.