case study construction delays

Case Study: Construction Delay Dispute

Construction schedule delay claims are a leading cause of disputes in the construction industry. Defending against or pursuing such claims often involve complex analysis of the contractual obligations, the causes of the delay, and the types of damages available. In this case, our client was sued by the general contractor for breach of contract that caused a delay in the project’s timeline.

Construction Delay Claim Dispute Background

Our client, a precast concrete manufacturer, was subcontracted by a general contractor, overseeing the reconstruction of a highway overpass, to manufacture and deliver mechanically stabilized earth (MSE) retaining walls. Over the course of the construction, the project fell behind schedule for various reasons including weather issues and a 90-day delay initiating the project. Our client delivered the contracted MSE walls before the materials were needed at the job site, but after the deadline imposed by the project schedule.

The general contractor subsequently sued for breach of contract stating our client “failed to deliver to work in a timely fashion and caused a delay.” The general contractor sought more than $650,000 in damages across five different categories, including labor disruption, extended home office overhead, increased rental equipment costs, plus attorney’s fees and expert fees.

The subcontractor retained Trey Hendershot and Ian McNeill of Hendershot Cowart P.C., to represent them in the suit.

Are you ready to take action to pursue or defend a construction delay claim? Call (713) 909-7323 or contact us online  today to speak with a layer about your options.

Mr. Hendershot and Mr. McNeill teamed up with an expert adept at construction schedule analysis to help formulate a defense strategy. The expert was able to identify relevant documents that would be needed to refute the delay allegations, which were then requested in written discovery. The plaintiff, however, withheld documents—including the project’s daily progress reports.

Mr. McNeill filed and won a motion to compel the plaintiff’s attorneys to produce all of the requested documents and a motion for continuance to request additional time for expert review. Once in receipt of the missing documents, our expert was able to identify numerous flaws in the plaintiff’s methodologies for calculating damages.

Results of Construction Delay Dispute

Mr. Hendershot and Mr. McNeill successfully argued in mediation that there were multiple activities that affected the project’s timeline and that our client’s delay did not impact the actual progress of construction. As a result, the two parties settled the claim, as well as another pending claim, for less than a third of our client’s total exposure. Mr. McNeill also successfully negotiated for extended payment terms of the settlement amount.

Retaining a legal team experienced in construction delay claims early on was crucial for the success of this case. The construction law attorneys at Hendershot Cowart P.C. have a clear understanding of the critical elements of a breach of contract claim and regularly represent both defendants and plaintiffs in construction litigation.

If you wish to discuss a potential construction delay claim or any construction legal matter, call (713) 909-7323 or contact us online to speak with an attorney.

• Construction Law
• July 05, 2022 Subrogation Defense for Contractors: What to Do When an Insurance Carrier Sues You Read More
• September 16, 2021 Change Order or Clarification? Three Methods to Avoid Change Order Disputes in Construction Read More
• March 19, 2020 Coronavirus Construction Delays & Disruptions: Managing Risks Read More

We Are On Your Side

Contact us to schedule your consultation.

• First Name Please enter your first name.
• Last Name Please enter your last name.
• Phone Please enter your phone number. This isn't a valid phone number.
• Email Please enter your email address. This isn't a valid email address.
• How can we help you? Please enter a message.

Underlying Causes, Effects and Mitigation Measures of Delays in Construction Projects

• Conference paper
• First Online: 28 November 2024
• pp 1879–1892
• Cite this conference paper

• Upeksha Madanayake 23 &
• Virginia Toli 24  

Part of the book series: Lecture Notes in Operations Research ((LNOR))

Included in the following conference series:

• International Symposium on Advancement of Construction Management and Real Estate

221 Accesses

Delays in construction projects are identified as a worldwide issue as it has been addressed in many recent empirical studies. This paper aims to investigate the causes and effects of these delays and analyse whether these delays can be mitigated with a well-managed strategy. This study utilises a qualitative approach by first, conducting a critical review of the literature to analyse the causes and effects of construction delays. The study then conducts in-depth interviews with construction professionals to verify the industry’s position on this topic and to make recommendations about the mitigating measures. The interviewees sample represents a cross-section of the industry and its project roles. The key findings of a total of 12 interviews highlighted that ‘financial related effects’ are the most crucial ones that requires close scrutiny. Among the parties involved in a construction project, ‘client’ is in the highest risk of being penalized for these financial implications of delays. Although the contractor is generally required to try to prevent or mitigate delay, even where the fault is not their own, clients have the highest level of responsibility in delay-related decision making. However, depending on the procurement route this can vary. In terms of the causes ‘communication, coordination and planning’ reports as the highest contributor for to delays. The effects of these are mostly lost profit claims and delay and disruption claims. However, Building information modelling possesses a potential to mitigate the latter and. Nonetheless, the interviewees also highlight the need for training and awareness in above digital technology over traditional management practices, to perceive desired value.

This is a preview of subscription content, log in via an institution to check access.

Access this chapter

Subscribe and save.

• Get 10 units per month
• Download Article/Chapter or eBook
• 1 Unit = 1 Article or 1 Chapter
• Cancel anytime
• Available as PDF
• Read on any device
• Instant download
• Own it forever
• Available as EPUB and PDF
• Durable hardcover edition
• Dispatched in 3 to 5 business days
• Free shipping worldwide - see info

Tax calculation will be finalised at checkout

Purchases are for personal use only

Institutional subscriptions

Similar content being viewed by others

The Causes of Delays in the Delivery of Construction Projects: A Review of Literature

An Investigation of Causes of Delay Affecting the United Arab Emirates Construction Industry

Review of delay causes in construction projects.

Oyegoke, A. S., & Al Kiyumi, N. (2017). The causes, impacts and mitigations of delay in megaprojects in the Sultanate of Oman. Journal of Financial Management of Property and Construction, 22 (3), 286–302. https://doi.org/10.1108/JFMPC-11-2016-0052

Article   Google Scholar  

Agyekum-Mensah, G., & Knight, A. D. (2017). The professionals’ perspective on the causes of project delay in the construction industry. Engineering, Construction and Architectural Management, 24 (5), 828–841. https://doi.org/10.1108/ECAM-03-2016-0085

Marzouk, M. M., & El-Rasas, T. I. (2014). Analyzing delay causes in Egyptian construction projects. Journal of Advanced Research, 5 (1), 49–55. https://doi.org/10.1016/j.jare.2012.11.005

Gebrehiwet, T., & Luo, H. (2017). Analysis of delay impact on construction project based on RII and correlation coefficient: Empirical study. Procedia Engineering, 196 (June), 366–374. https://doi.org/10.1016/j.proeng.2017.07.212

Çelik, T., Kamali, S., & Arayici, Y. (2017). Social cost in construction projects. Environmental Impact Assessment Review, 64 , 77–86. https://doi.org/10.1108/17410391111097438

Ballesteros-Pérez, P., Del Campo-Hitschfeld, M. L., González-Naranjo, M. A., & González-Cruz, M. C. (2015). Climate and construction delays: Case study in Chile. Engineering, Construction and Architectural Management, 22 (6), 596–621. https://doi.org/10.1108/ECAM-02-2015-0024

Hussain, S., Zhu, F., Ali, Z., Aslam, H. D., & Hussain, A. (2018). Critical delaying factors: Public sector building projects in Gilgit-Baltistan. Pakistan, Buildings, 8 (1), 1–16. https://doi.org/10.3390/buildings8010006

Mahamid, I. (2017). Analysis of schedule deviations in road construction projects and the effects of project physical characteristics. Journal of Financial Management of Property and Construction, 22 (2), 192–210. https://doi.org/10.1108/JFMPC-07-2016-0031

Khoshgoftar, M., Bakar, A. H. A., & Osman, O. (2010). Causes of delays in Iranian construction projects. International Journal of Construction Management, 10 (2), 53–69. https://doi.org/10.1080/15623599.2010.10773144

Durdyev, S., & Hosseini, M. R. (2018). Causes of delays on construction projects: A comprehensive list. International Journal of Managing Projects in Business, 13 (1), 20–46. https://doi.org/10.1108/IJMPB-09-2018-0178

Fallahnejad, M. H. (2013). Delay causes in Iran gas pipeline projects. International Journal of Project Management, 31 (1), 136–146. https://doi.org/10.1016/j.ijproman.2012.06.003

Sambasivan, M., & Soon, Y. W. (2007). Causes and effects of delays in Malaysian construction industry. International Journal of Project Management, 25 (5), 517–526. https://doi.org/10.1016/j.ijproman.2006.11.007

Gunduz, M., & AbuHassan, M. H. (2017). Mapping the industrial perception of delay data through importance rating. Arabian Journal for Science and Engineering, 42 (9), 3799–3808. https://doi.org/10.1007/s13369-017-2477-3

Pourrostam, T., & Ismail, A. (2012). Causes and effects of delay in Iranian construction projects. International Journal of Engineering and Technology, 4 (5), 598–601. https://doi.org/10.7763/ijet.2012.v4.441

Memon, A. H. (2014). Contractor perspective on time overrun factors in Malaysian construction projects. International Journal of Science, Environment and Technology, 3 (3), 1184–1192.

Google Scholar  

Kog, Y. C. (2017). Major delay factors for construction projects in Ghana. Journal for the Advancement of Performance Information and Value, 9 (1). https://doi.org/10.37265/japiv.v9i1.38

Masood, R., Ali, M., Shafique, F., Shafique, M. A., Zafar, B., Maqsoom, A., & Ullah, Z. (2015). Investigating the delay factors of construction projects in metropolitan city of a developing country. Journal of Civil Engineering and Architecture Research, 2 (9), 947–955. Retrieved August 14, 2020, from https://www.researchgate.net/publication/281834794

Khoiry, M. A., Kalaisilven, S., & Abdullah, A. (2018). A review of minimizing delay in construction industries. E3S Web of Conferences, 65 (April), 1–10. https://doi.org/10.1051/e3sconf/20186503004

Naoum, S. G. (2013). Dissertation research & writing for construction students (3rd ed.). Taylor & Francis Group.

Tumi, S. A. H., Omran, A., & Pakir, A. H. K. (2009, Nov). Causes of delay in construction industry in libya. The International Conference on Economics and Administration, Faculty of Administration and Business (Vol. 14–15, pp. 265–272). Bucharest.

Download references

Author information

Authors and affiliations.

School of Built Environment, University of Reading, Reading, UK

Upeksha Madanayake

School of Built Environment and Architecture, London South Bank University, London, UK

Virginia Toli

You can also search for this author in PubMed   Google Scholar

Corresponding author

Correspondence to Upeksha Madanayake .

Editor information

Editors and affiliations.

Construction and Real Estate, Southeast University, Nanjing, China

Department of Management Science and Engineering, Chang'an University, Xi' an, China

Patrick X. W. Zou

Jingfeng Yuan

Emergency Management, Nanjing University, Nanjing, China

Rights and permissions

Reprints and permissions

Copyright information

© 2024 The Author(s), under exclusive license to Springer Nature Singapore Pte Ltd.

About this paper

Cite this paper.

Madanayake, U., Toli, V. (2024). Underlying Causes, Effects and Mitigation Measures of Delays in Construction Projects. In: Li, D., Zou, P.X.W., Yuan, J., Wang, Q., Peng, Y. (eds) Proceedings of the 28th International Symposium on Advancement of Construction Management and Real Estate. CRIOCM 2023. Lecture Notes in Operations Research. Springer, Singapore. https://doi.org/10.1007/978-981-97-1949-5_131

Download citation

DOI : https://doi.org/10.1007/978-981-97-1949-5_131

Published : 28 November 2024

Publisher Name : Springer, Singapore

Print ISBN : 978-981-97-1948-8

Online ISBN : 978-981-97-1949-5

eBook Packages : Business and Management Business and Management (R0)

Share this paper

Anyone you share the following link with will be able to read this content:

Sorry, a shareable link is not currently available for this article.

Provided by the Springer Nature SharedIt content-sharing initiative

• Publish with us

Policies and ethics

• Find a journal
• Track your research

Academia.edu no longer supports Internet Explorer.

To browse Academia.edu and the wider internet faster and more securely, please take a few seconds to  upgrade your browser .

Enter the email address you signed up with and we'll email you a reset link.

• We're Hiring!
• Help Center

Download Free PDF

SCHEDULE DELAY ANALYSIS IN CONSTRUCTION PROJECTS: A CASE STUDY USING TIME IMPACT ANALYSIS METHOD

Related papers

TJPRC, 2013

One of the most important problems in the Construction industry is delay. Delays occur in every construction project and the magnitude of these delays varies considerably from project to project. Some projects are only a few days behind the schedule; some are delayed over a year. So it is essential to define the actual causes of delay in order to minimize and avoid the delays in any construction project. There is a wide range of views for the causes of time delays for engineering and construction projects. Some are attributable to a single party, others can be ascribed to several quarters and many relate more to systemic faults or deficiencies rather than to a group or groups. The successful execution of construction projects and keeping them within estimated cost and prescribed schedules Inadequate or weak preparatory work before starting construction of any structure may cause serious problems during the construction period. Consequently, the cost of construction increases digressively, the construction duration of the project extends and the quality of construction is affected adversely. The necessity of construction schedules in achieving the aim of producing good quality construction work within the specified duration. Monitoring continuously the interactive relation concerning delays in construction schedules and contractor demands is a complicated process.. The main purpose of this study is to investigate the causes of construction schedule delays and the methods of schedule delay analyses. In the present study construction project of forum sujana mall in Hyderabad has been selected as a case study for analyzing project scheduling and time delays. The “Time Impact Analysis Method” (TIA) has been applied to the study, PRIMAVERA® software in used to determine the construction schedule delay and also to measure the impacts of these delays on the project completion duration; and to allocate responsibility amongst the project participants for preventing delay claims.

International Journal of Futures Research and Development, 2020

IAR Consortium, 2022

The research aims to know the delays in the construction projects, where this phenomenon was touched to the parties to the project from the owner, contractor and consultant, from the delay in benefiting from the project to an increase in the cost of works. Due to the disputes that occur this delay, and sometimes the poor quality of the work due to the acceleration of work in order to reduce the delay after the end of the project time as a result of the prosecution of the owner and the consultant. This study explored the important factors affecting construction project delay in the context of the construction sector in Iraq. It will be important to enhance training in detailed project planning and scheduling, and during the construction phase to carefully control budget and material orders to ensure business continuity. Within the planning, it will also be interesting to develop and implement integration models between the professionals involved, objectively defining roles and implementing them in the most approximate manner; In addition, it will be useful to implement project modeling techniques that allow the design and construction work of the relevant professionals to be combined and to get an idea of ​​the final result, identifying potential risks. Currency fluctuations, since they cannot be controlled, should be considered as a relevant point within the contingency margin, which again corresponds to good initial planning. Finally, it would be useful to focus efforts on fighting corruption and fraudulent practices in construction projects, which hinder the progress of developing countries

JETIR, 2019

Organization, Technology & Management in Construction: An International Journal, 2015

Journal of Civil Engineering and Management, 2012

In both developing and industrialized countries, deviation from a planned time schedule is one of the most frequently encountered problems in construction investments. Various factors faced with during construction period prevent systematic flow of work, which causes time-based anomalies as a conclusion. Considering the vital importance of the construction industry on the macro-economic structure of a country, it is inevitable to be aware of considerable effect of the timely completion on the allocated project budget. In this study, causes of time extensions in the Turkish construction industry and levels of their importance were examined together. In total, 34 factors affecting project duration were taken into account. A questionnaire survey, including these factors, was then applied to 71 construction companies in Turkey, and the outcomes were evaluated by means of statistical analyses. According to the results, “design and material changes” was found to be the most predominant fa...

IRJMETS Publication, 2021

The building industry's struggle with delays is a worldwide issue. There were seven different types of classifications. This questionnaire was issued to associated enterprises, consultants, and contractors for the purpose of rating the various elements. This data was used to generate the "Frequency index, Severity index, and Importance index" of various delay factors. The criteria were graded on their potential of creating a construction project delay, and the results were tabulated. The top five reasons of delays in any building project, according to the conclusions of this study, are: Material failure (Rank 1), Labour shortages (Rank 2), Delays in subcontractor work (Rank 3), Equipment failure (Rank 4) and Delays in consultation work (Rank 5).

Proceedings of International Structural Engineering and Construction, 2016

Pedagógiatörténeti szemle, 2017

Cátedra, 2024

ACADIA, 2019

Design of Technology-Enhanced Learning

Reading Acts, 2024

Clinical Neurophysiology, 2006

2015 IEEE International Conference on Image Processing (ICIP), 2015

Isalam and Health Journal, 2019

Logos Revista De Linguistica Filosofia Y Literatura, 1991

Inorganica Chimica Acta, 2008

Psychological Medicine, 1989

Physica Scripta, 1990

2018 26th European Signal Processing Conference (EUSIPCO), 2018

•   We're Hiring!
•   Help Center
• Find new research papers in:
• Health Sciences
• Earth Sciences
• Cognitive Science
• Mathematics
• Computer Science
• Academia ©2024