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Delay & Loss of Productivity Claims Attorneys in Granite Bay, California

Protecting Your Construction Business from Delays

Contractors and consumers alike know that construction projects are notorious for being complex, expensive, and late. Complicated schedules and trade coordination issues commonly give rise to claims for delay and loss of productivity. Whether you are an owner or a contractor, cost overruns and schedule delays are problematic and the resulting costs need to be borne by the responsible party.

Our construction law attorneys commonly prosecute and defend against delay and loss of productivity-related claims, which requires a clear understanding of many competing factual and legal issues. Our extensive experience in the construction industry gives us personal knowledge of the dynamics involved in construction projects and the arguments that can lead to a successful pursuit or defense of these claims.

Considerations in Delay & Loss of Productivity Claims

Our experienced construction lawyers will review the variables that led to delay or a loss of productivity, such as:

  • Excusable or Non-Excusable Delay – Our construction lawyers can review your contract to determine if you are entitled to more time. We can investigate whether the cause of the delay was due to weather, labor strikes, access issues, acts of God, other trades, changes, or other factors that provide you with the right to additional time.

  • Compensable or Non-Compensable – We can also review if you are able to recover for the time-related costs associated with the delay based on the language in your construction contract. 

  • Delay Damages – If your delay is compensable, we can analyze what types of damages you can recover, such as unabsorbed home office overhead or field office overhead. We can also analyze the standard of proof to determine how you will need to establish these damages.

    Construction workers on a lunch break.

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The attorneys at Herrig, Vogt & Hensley, LLP have the in-house resources, experience, and knowledge to assist in putting your best factual and legal position forward.

Evaluating Your Claim

To determine the potential value of your claim, our seasoned construction lawyers will consider the following:

  • Measurement of Inefficiencies – We will consider various methods to evaluate your claim, such as the measured mile, modified total cost, total cost, or industry studies.

  • Cause of the Delay or Loss of Productivity – We will consider the factors that affected your damages, such as stacking of trades, overtime, out-of-sequence work, adverse weather, change orders, or proper coordination.

  • Recovery Issues – We will also evaluate which contractual clause provides a legal basis for you to recover, whether you complied with all applicable notice requirements and whether you may have waived any rights under the contract.

Superior Legal Services From An Experienced Construction Law Firm

If you have any questions about your claim for delay or loss of productivity damages, our experienced team can provide you with a free case evaluation to explain your rights to you. We can also prepare a comprehensive strategy for handling your matter efficiently.

Contact us online or call us to speak with an experienced construction lawyer about your claim.