Manhattan moves at the speed of business, and that includes its ubiquitous and unending construction. The success or failure of a commercial project depends largely on being able to meet construction deadlines with work that measures up to professional and legal standards. Conversely, delays and defects can jeopardize the rights and interests of contractors, owners, and others.
Often, litigation is necessary to redress issues stemming from poor or untimely work. If you are a commercial property owner, contractor, or another party facing problems because of delays or defects, then it is paramount that you retain skilled legal counsel to represent you. Turn to the experienced real estate litigators at Levy Goldenberg LLP.
Different Types of Construction Delays in Manhattan
Construction delays affect the financial interests of commercial real estate owners, contractors, subcontractors, and others. But some delays are inherent to the construction world, so it’s important to understand the two types that are recognized under New York law and what they mean for those involved in a commercial project:
Excusable
These are generally delays which are out of the contractor’s hands and cannot be controlled. As long as there is no indication of fault or negligence on the part of the contractor, it is usually not liable for such excusable delays as:
- Acts of God
- Labor disputes, including strikes
- Delays that the owner causes
- Government actions
- Subcontractor and supplier delays
Non-excusable
When the contractor is the cause of the delay, it is considered non-excusable. These typically do not afford the contractor more time or money since the delay is their fault, and may instead expose the contractor to liability. A few examples are:
- Not beginning the work on time
- Poor work performed on the project
- The contractor’s failure to provide equipment or labor
- Making inadequate progress
- Failure to coordinate the work
These delays may breach the construction contract and allow an aggrieved party to seek monetary damages and other relief. They may also point to liability on the part of another entity such as a supplier. In any event, a Manhattan real estate litigation attorney can review your legal options and help you enforce the contract or take other appropriate action.
“No Damage for Delay” Clauses and What They Mean to Contractors
Some construction contracts include terms that limit the contractor’s ability to seek damages if the property owner or another party causes the delay. Under these clauses, the contractor is only granted more time to complete the work. But there are some cases in which the contractor can effectively set aside the clause, such as if:
- The owner or another party engaged in bad faith or willful misconduct that caused a delay
- The owner actively interfered with the construction project
- The owner or another party fundamentally breached the contract in a manner that detrimentally affects the very heart of the agreement
If you are a contractor who has endured financial losses or liability due to delays, or you are another party wishing to enforce a construction contract, our Manhattan litigation attorney is ready to assist you.
Resolving Construction Defect Claims for Owners
Defective work can unnecessarily increase a commercial property owner’s liability or delay timely completion of the project. In some cases, such defective work can cause a structure to be unsound or even to collapse and cause injury. This may allow the owner or another party to take legal action.
Our Manhattan real estate litigation firm has experience dealing with construction defects that result from:
- Poor design
- Faulty construction, including poor excavation work
- Use of inadequate or defective materials
- Improper installation work
- Breach of contract
- Breach of warranty
Defects may point to liability on the part of contractors, subcontractors, architects, engineers, suppliers, and others. The property owner may initiate legal action either upon discovery of the defect or if a third party is harmed (e.g. a visitor to a property that is rendered unsafe due to poor and defective work). Regardless, our firm is ready to assist if you’re a Manhattan commercial property owner and defective work was performed on your project.
Count On the Experience of Levy Goldenberg
From contractors to property owners and others, you have a job to do that requires quality, timely construction work. The real estate litigation team at Levy Goldenberg LLP is ready to review the construction delay or defect at issue, understand how it has impacted your financial interests, and then seek proper redress through the courts. Connect with us today to get started.