How is a delay claim assessed in the construction industry?

Delay claims in the construction industry are evaluated based on the language of the contract, the local laws of the state, and the goals of the project. In New Jersey, the law dictates that a delay claim must be evaluated based on which party is responsible for their purposeful or unintentional breaching of the contract. If the owner is responsible, they are liable for the damages to the contractor, such as additional labor costs and any other costs incurred due to the delay. Furthermore, if the builder fails to meet the contractual obligations and deadlines, they may be liable for the expenses of the owner. The court, or sometimes an expert witness, will be responsible for assessing the costs of the delay and who is liable for the payments. To arrive at a decision, the court will review the contract and the scope of work required by both parties. The court will then assess the amount of time and money it took to complete the project, the extent of the delay, and whether the contractor was able to complete the project within the allotted time. In conclusion, delay claims in the construction industry are assessed by the court on a case-by-case basis. The law of New Jersey dictates that the parties must review the contract and other documents related to the project before determining who is responsible for the delay and the associated costs. An expert witness or court decision may be necessary to ratify the final decision.

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