Florida Construction Delay Claims Lawyer
Critical Path Analysis
The critical path is the sequence of tasks that determines a project’s completion date. Proving a delay requires showing that a specific event impacted this critical path—not just incidental or non-critical work. Our attorneys work with scheduling experts to:
- Analyze CPM (Critical Path Method) schedules
- Identify excusable vs. non-excusable delays
- Differentiate between owner-caused, contractor-caused, or force majeure delays
- Quantify time extensions and related costs
Bitman Law uses this evidence to either support delay claims or defend against them—depending on your role in the project.
See related: Breach of Contract | Delay Claims & Construction Disputes
Liquidated Damages
Most Florida construction contracts include liquidated damages clauses—predetermined amounts assessed per day of delay. While intended to simplify disputes, they can lead to major financial exposure if improperly drafted or applied.
Florida courts enforce liquidated damages only if:
- The amount represents a reasonable estimate of potential loss; and
- The damages are difficult to quantify at contract signing.
- If the amount is excessive or punitive, it may be deemed an unenforceable penalty.
Bitman Law reviews and litigates liquidated damages provisions to ensure fairness and compliance with Florida law—helping clients avoid or recover unjust penalties.
Force Majeure
Florida’s weather, supply chain volatility, and global events frequently trigger force majeure disputes. These provisions excuse performance delays caused by extraordinary, uncontrollable circumstances.
Common force majeure events include:
- Hurricanes, tropical storms, and flooding
- Labor strikes or material shortages
- Pandemics or government shutdowns (e.g., COVID-19)
- Acts of God or unforeseen disruptions
Our attorneys assess contract language and documentation to determine whether an event qualifies as force majeure and whether proper notice was given under the contract.
See also: Construction Contracts
Record-Keeping & Documentation
Successful delay claims depend on detailed project records. Without proof, even legitimate claims can fail. Bitman Law advises clients on proper documentation throughout a project, including:
- Daily reports and progress logs
- Emails and correspondence records
- Updated CPM schedules and as-built data
- Change orders and delay notices
We organize these records to build persuasive, evidence-backed claims—or to disprove unsupported allegations.
Negotiation & Settlement
Many delay disputes can be resolved without litigation through negotiation, mediation, or arbitration. Our attorneys use strategic leverage from contract terms, delay analyses, and documentation to secure fair resolutions.
We help clients:
- Present compelling time-impact analyses
- Negotiate extensions, compensation, or liquidated damage reductions
- Navigate arbitration clauses efficiently under contract provisions
Bitman Law’s goal is always to resolve disputes swiftly, protect relationships, and preserve project momentum.
Protect Your Florida Construction Project from Delay Disputes
Whether you’re pursuing or defending a delay claim, Bitman Law provides the legal insight and technical understanding to protect your project and profits.
Call Bitman Law or schedule a consultation to discuss your delay dispute with an experienced construction lawyer.
Florida Delay Claims FAQs
How do I prove delay damages in Florida?
You must demonstrate that the delay directly affected the project’s critical path, caused actual damages, and was not your fault. Supporting documentation and schedule analysis are key.
Are liquidated damages clauses enforceable in Florida?
Yes—but only if the amount is a fair estimate of actual potential loss and not a penalty. Courts scrutinize these clauses closely.
What counts as force majeure in Florida?
Events beyond the parties’ control, such as hurricanes, natural disasters, pandemics, or government actions, may qualify—if your contract includes a valid force majeure clause.
