What happens when there are delays in a construction project?
When there are delays in a construction project, there can be various consequences. In California, the law outlines penalties for contractors and subcontractors who cause delays because of a lack of resources, lack of skills, or other foreseeable inefficiencies. The contractor or subcontractor is responsible for the cost of completing the project within the agreed-upon timeframe. If delays are caused by the contractor or subcontractor, they may be required to pay a penalty. This penalty is dependant on the time the project is delayed by, the type of material that was used, the complexity of the work involved, and other factors. In some cases, the homeowner may be responsible for compensation for the delay. The law states that the homeowner is liable for “direct, foreseeable damages” due to the delay. This means that the homeowner might be responsible for any additional costs resulting from the delay, like late fees or additional labor costs. Additionally, in California it is illegal for a contractor or subcontractor to put a lien on the property because of a delay. This means that contractors and subcontractors cannot threaten to hold the property hostage until their payment is received. Not all delays are caused by the contractor or subcontractor. In these cases, the contractor or subcontractor can petition the homeowner to adjust the payment amount or work out an agreement regarding the delay. It’s important to keep in mind that every case is unique and a court of law ultimately decides the ultimate consequence of any delays.
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