A delayed construction project costs money every day it runs past the scheduled completion date. Contractors carry extended overhead, owners lose revenue from delayed occupancy, and subcontractors absorb costs they never priced into their bids. When the cause of the delay is disputed, those financial pressures turn into legal claims.
Whether the dispute involves an owner withholding a time extension, a contractor claiming additional compensation, or competing arguments about who caused the delay in the first place, the outcome typically depends on the contract language, the project schedule, and the quality of the documentation.
We represent property owners, contractors, subcontractors, and developers in construction delay disputes throughout Chicago, Cook County, DuPage County, Lake County, and Will County.
Types of Construction Delays in Illinois
A construction delay occurs when work is not completed by the contractually required date due to events affecting the project schedule.
Excusable Delays: A delay caused by factors outside the contractor's control. Common examples include owner-directed changes, late approvals or design revisions, severe weather events, material shortages, labor strikes, and actions by other prime contractors on the same project. When a delay qualifies as excusable under the contract, the contractor is typically entitled to a time extension.
Compensable Delays: An excusable delay that also entitles the contractor to additional money - not just more time. These are delays caused by the owner or its agents, such as failure to provide site access, late shop drawing approvals, defective specifications, or suspended work directives. The contractor must generally show that the owner was responsible, the delay fell on the critical path, and it was not concurrent with a contractor-caused delay.
Inexcusable Delays: A delay the contractor could have prevented through reasonable planning and performance. Poor scheduling, inadequate staffing, equipment failures, and subcontractor problems typically fall into this category. Inexcusable delays do not entitle the contractor to a time extension or additional compensation and may expose the contractor to liquidated damages or termination.
Concurrent Delays: Two or more independent causes of delay occurring during the same period. For example, if the owner is late delivering design revisions while the contractor is behind schedule on site work, both events contribute to the same calendar delay. Concurrent delay analysis is often the most heavily disputed aspect of delay litigation because it determines whether either party can recover.
Disruption and Acceleration Claims
Disruption occurs when a contractor's planned sequence of work is interrupted or rearranged by events outside the contractor's control, even if the overall project completion date does not change. The result is reduced productivity and increased labor costs. Disruption claims can be difficult to prove because the financial impact is often spread across multiple activities and time periods rather than tied to a single identifiable event.
Acceleration happens when a contractor is directed - or effectively forced - to complete work faster than originally scheduled. Directed acceleration occurs when the owner expressly orders the contractor to finish early or make up lost time. Constructive acceleration occurs when the owner denies a legitimate time extension, leaving the contractor no choice but to add crews, work overtime, or compress the schedule to avoid liquidated damages. Both forms can give rise to claims for the increased costs of accelerated performance.
The Critical Path and Why Documentation Matters
Construction delay disputes often turn on contract language, scheduling evidence, and contemporaneous documentation. Most delay claims also require showing that the delay affected the project's critical path - the sequence of activities that determines the earliest possible completion date. A delay to work that is not on the critical path generally does not extend the project and may not support a claim for additional time or compensation.
Critical path analysis typically relies on CPM (Critical Path Method) scheduling, which maps every project activity and its dependencies. The strength of any delay claim depends on having a well-maintained, regularly updated project schedule along with daily logs, correspondence, inspection records, and change order documentation that show what happened, when, and why.
Parties who maintain detailed contemporaneous records are in a significantly stronger position - whether pursuing or defending a delay claim - than those who try to reconstruct the timeline after the fact.
How We Help
We handle delay, disruption, and acceleration disputes from initial evaluation through resolution:
For contractors and subcontractors pursuing delay claims:
- Evaluate whether the delay is excusable, compensable, or both under the contract
- Analyze the project schedule to establish critical path impact
- Document and quantify extended overhead, acceleration costs, and productivity losses
- Negotiate time extensions and additional compensation
For owners and developers defending delay claims or enforcing deadlines:
- Assess whether the claimed delay is excusable or contractor-caused
- Identify concurrent delays that limit or eliminate the contractor's recovery
- Enforce liquidated damages provisions where appropriate
- Evaluate whether contract termination is warranted and defensible
Common Questions About Construction Delay Claims
What is the difference between an excusable and inexcusable delay?
An excusable delay is caused by factors outside the contractor's control - owner-directed changes, severe weather, material shortages, or labor strikes. An inexcusable delay is one the contractor could have prevented, such as poor scheduling or insufficient staffing. The contract language typically defines which delays qualify as excusable.
Can I recover money damages for a construction delay, or just a time extension?
It depends on the cause. If the delay was caused by the owner or its agents, the contractor may be entitled to both a time extension and additional compensation for increased costs. If the delay was caused by something like weather or a labor strike, the contractor may only receive a time extension without additional money.
What is a concurrent delay?
A concurrent delay occurs when two or more independent events cause delay during the same period. For example, if the owner is late approving shop drawings while the contractor is behind on foundation work, both contributed to the same calendar delay. Concurrent delay analysis is often the most contested aspect of delay claims.
What records should I keep to support a delay claim?
Daily logs, project schedules with updates, photographs, written communications, weather records, delivery confirmations, inspection reports, and change order documentation. The strength of a delay claim depends heavily on contemporaneous records showing what happened, when, and why.
Can an owner assess liquidated damages if the delay was partly the owner's fault?
Generally, no. If the owner contributed to the delay through late approvals, design changes, or failure to provide site access, the contractor may be entitled to a time extension that offsets or eliminates the liquidated damages. Owners who cause or contribute to delays risk waiving their right to enforce liquidated damages provisions.
For more information, visit our Construction Disputes page or our Construction Disputes FAQs.
Facing a Construction Delay Dispute?
Whether you need to pursue a delay claim, defend against one, or resolve a dispute over acceleration or liquidated damages, we can help you evaluate your position and determine the best path forward.
Schedule a Free ConsultationWhat to Expect During Your Consultation
During your free consultation, we will review your contract, the project timeline, and the circumstances of the delay. You will leave with a clear understanding of whether you have a viable claim or defense, what documentation is needed, and the most effective next steps.