The Most Common Causes of Construction Delays in Texas

Construction delays affect everything from residential developments to large-scale commercial projects. These delays can lead to cost overruns, disputes, and strained relationships between the parties involved. 

Below, we explore the most common causes of construction delays in Texas and the legal remedies available when things don’t go according to plan.

Common Causes of Construction Delays

Construction projects involve many moving parts, and delays often stem from multiple overlapping issues. 

Here are the most common factors in delay-related construction disputes in Texas:

1. Weather Conditions

Texas weather is unpredictable, with extreme heat, heavy rain, hurricanes, and ice storms all posing serious threats to project timelines. Delays caused by adverse weather are typically considered excusable. They are non-compensable, meaning they may extend the project timeline. However, the contractor is not entitled to additional compensation unless otherwise specified in the contract.

2. Labor Shortages

Texas has experienced rapid construction growth and skilled labor shortages across the state. When workers are unavailable or walk off the job due to payment or labor disputes, it can cause significant setbacks.

3. Material Supply Delays

Disruptions in the supply chain are another common source of delay. When critical materials or equipment arrive late, entire schedules can be thrown off. 

4. Poor Project Management

Successful projects require coordination between contractors, subcontractors, architects, and engineers. Failures to coordinate can lead to miscommunications, scheduling conflicts, and delays. Delays due to mismanagement may subject the responsible party to penalties or damages.

5. Design Errors or Changes

Design errors in architectural plans or engineering specifications often require revisions or change orders, which can delay a project. Changes initiated by the owner could entitle the contractor to compensation for additional time and cost.

6. Permitting and Inspection Delays

Obtaining permits and passing inspections can be time-consuming. These issues may halt work until compliance issues are resolved.

7. Financial or Payment Issues

When project owners fail to make timely payments, contractors may suspend work or terminate the contract. Alternatively, contractors facing cash flow problems may delay paying subcontractors or purchasing materials.

Remedies Available for Construction Delays in Texas

In Texas, parties to a construction contract may be entitled to several remedies when facing project delays:

• Contractual damages. Many contracts include liquidated damages clauses, where a contractor must pay a set amount per day of unexcused delay.
• Time extensions. If the delay is excusable, the contractor may request a time extension to avoid penalties.
• Change orders. Contractors may seek added time and compensation for any changes to the scope of the project.
• Termination for cause. In serious cases, a contractor may be terminated for failure to meet deadlines.
• Claims for delay damages. If a contractor incurs added costs due to delays caused by the owner or another contractor, they may file a claim to recover delay damages (e.g., extended overhead, idle labor).

Construction delays can be inconvenient but manageable with proper planning, communication, and legal support. If you’re involved in a delay, consult with a Houston construction attorney at Porter Law Firm for help understanding your legal options. Contact us today for a confidential consultation.