Effective Representation For Construction Delays And Payment Claims

The successful completion of any construction project depends on staying on track with both the schedule and budget. When something goes awry, the interests of multiple stakeholders may be in jeopardy – from the project owner to the general contractor to individual subcontractors. Delay and payment claims are essential to enforcing parties’ rights. They also serve to allocate costs among the parties responsible for the delay or wrongly withheld payment.

At Long & Robinson, LLC, a boutique construction law firm in Kansas City, our attorneys handle construction delay, and payment claims for both plaintiffs and defendants. Our clients include contractors, subcontractors, owners, architects, engineers and others in the construction industry.

We have achieved numerous successes representing both plaintiffs and defendants. Our well-rounded perspective on each claim can help you, too. Contact us to set up a meeting.

Our legal team understands the construction industry. We also appreciate the business considerations involved in delay and payment claims. We believe our proficiency and collaborative approach to resolving complex cases have laid the foundation for our winning track record.

Pursuing Delay And Payment Claims

Our firm has achieved significant success in pursuing delay and payment claims on behalf of owners, construction companies and general contractors. We have helped avert serious financial losses for clients by enforcing their right to compensation. The contractual terms – particularly liquidated damages provisions – often provide the foundation for a solid recovery under the right circumstances.

Defending Against Delay And Payment Claims

Our lawyers have defended against numerous delay claims on behalf of construction contractors. Often, an alleged delay may have been due to factors beyond anyone’s control, such as inclement weather. In other cases, the delay may have been excusable – or it could have been due to the fault of the owner. Our legal team will carefully examine the circumstances of your situation to develop an effective approach.

What Issues Often Lead To Delay And Payment Claims?

Typical delay and payment claims in construction start when something disrupts the plan or the team cannot coordinate the work. Common causes include owner-made changes, late or missing design details, bad plans, no access to the site, severe weather and labor or material shortages. These problems can throw off the schedule, cause rework, leave crews waiting and drive up costs, especially when the team fails to write down what happened as it happens.

Delay claims fall into a few main categories, and the category decides what you can recover:

• Excusable but noncompensable delays: You may be able to receive more time to finish, but not more money.
• Excusable and compensable delays: These claims can give you more time and more money when the contract or the law allows it, such as when the owner or design team causes the delay.
• Constructive acceleration: These claims occur when a contractor faces a compensable delay, asks for a time extension and still must meet the original deadline. In these situations, one must speed up the work with overtime, extra crews or extra shifts.

Payment disputes also follow a few common patterns. Contractors and subcontractors often deal with unpaid invoices and withheld retainage, especially near the end of a job or when the parties above them run short on cash. Many disputes also involve change orders, such as when the owner directs a change without a signed change order and later argues about price or approval. Some states offer prompt-payment laws that add interest, set deadlines or require the losing side to pay attorney’s fees. On public jobs and bonded private projects, a payment bond claim can help when lien rights do not apply or do not provide enough protection.

The Core Elements Of Construction Delay And Payment Claims

Whether the dispute is about delays, acceleration or unpaid money, you typically have to prove a few related points. If you cannot, you may not be able to achieve a recovery.

First, you must establish an excusable and, where applicable, compensable event. This means showing that the contract or the law treats the triggering event as a basis for time relief and potentially monetary recovery.

Second is causation. You must show that the event actually impacted your work, often by affecting the project’s critical path or causing measurable disruption, inefficiency or extended performance.

Third is compliance, which is frequently decisive. Many contracts and statutes require strict notice and claim procedures with specific content, timing and delivery methods, and a technical miss can defeat an otherwise valid claim.

Fourth is quantum and mitigation. This requires a credible, well-documented connection between the event and the costs claimed. You must also show evidence that reasonable steps were taken to reduce or avoid damages where possible.

Because these claims are highly document-driven, the practical emphasis is on contemporaneous records and procedural compliance. Daily reports, schedules, meeting minutes, RFIs, submittals, change directives, correspondence, delivery tickets, cost records and properly served notices often determine outcomes more than after-the-fact narratives.

A construction law attorney can help evaluate the delay or payment theory early, preserve lien and bond rights, ensure notices and claim submissions meet strict requirements, and build a supported damages model. At the same time, they can help you pursue negotiation, ADR or litigation strategies that prioritize recovery and project continuity.

Contact Our Team Of Experts

For proven and experienced counsel in construction delay or payment claims, contact us at 816-708-2218. Our attorneys are licensed in Kansas, Missouri, Oklahoma, Colorado, Illinois and Iowa.