How is a delay claim assessed in the construction industry?

Delay claims are assessed in the construction industry by examining the contractual terms and conditions between the contracting parties. Depending on the nature of the contract, the liable party for a delay in the project may be either the contractor or the owner. Generally speaking, a contractor must prove that the owner delayed the construction project in order to receive compensation. In West Virginia, some types of delay claims, such as those resulting from the weather or unforeseeable circumstances, are generally not recoverable. However, there are exceptions to this rule such as if the contract specifically overrides this general rule. Additionally, delay claims can be assessed under a “no-damage for delay” clause. This clause states that the owner cannot claim damages from the contractor due to a delay beyond his or her control. It is important to note that in West Virginia, the burden of proof for a delay claim rests with the contractor. This means that the contractor must be able to provide sufficient evidence to support their case in order for the delay claim to be approved. This evidence can include proof of the delay, such as correspondence, documents, witness statements, or other evidence that is relevant to the delay claim. In conclusion, delay claims in the construction industry in West Virginia are assessed by examining the details of the contract, determining who is liable for the delay, and evaluating the evidence presented by the contractor. Knowing these rules will help contractors and owners ensure that their rights are protected and that any disputes are resolved in a fair manner.

How is a delay claim assessed in the construction industry?

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