Construction Delay Claims and Construction Disruption Claims Attorneys in Houston

When a Project Falls Behind Schedule, the Financial Stakes Are High – We Help Owners and Contractors Protect What They've Built

Construction delays are not just a scheduling problem – they are a financial one. Weather, design changes, permit issues, unexpected site conditions, and coordination failures can all push a project behind schedule and trigger substantial losses for owners and contractors alike. When that happens, determining who is responsible, what the contract says, and how Texas law applies requires experienced legal analysis and aggressive advocacy.

At Hendershot Cowart P.C., our Houston construction delay attorneys represent both owners and contractors in commercial construction delay disputes. Whether you need to recover delay damages or defend against an unfounded claim, we bring the legal knowledge and litigation experience to protect your interests from contract through resolution.

Facing a construction delay dispute? Contact Hendershot Cowart P.C. to discuss your options. Call (713) 783-3110.

On This Page:

• Who We Serve
• Our Services
• Avoiding Construction Delay Disputes
• Resolving Delay Claims & Construction Delay Disputes
  • Who Is Liable for Construction Delays?
  • What Is the Difference Between Excusable Delays and Inexcusable Delays?
  • What About No-Damages-for-Delay Clauses?
  • How Do Construction Delay Lawyers Determine What Caused the Delay?
• What Remedies Are Available for Construction Delays?
  • How Are Money Damages for Construction Delays Calculated?
• When To Contact a Delay Claim Construction Lawyer

Who We Serve

Our construction delay lawyers serve both owners and contractors involved in commercial construction delay claims throughout Texas. We also counsel clients on avoiding construction delay disputes before they arise.

Our Services

Our delay claim construction lawyers help you avoid disputes and advocate for you if a dispute occurs. 

Our construction law attorneys:

• Draft contracts that help you resolve delays without work stoppages or rising costs 
• Determine the most efficient path forward during an ongoing change order process
• Analyze your construction delay dispute and advise you about options, including filing a lawsuit
• Represent you in court and/or negotiate for a favorable settlement

Avoiding Construction Delay Disputes

The best way to handle a construction delay is to plan for one before it happens. Construction contracts often include a change order clause for exactly this reason. A well-drafted change order clause helps you resolve problems – an oversight in the project plan, an unexpected site condition – without halting work or heading straight to litigation.

A strong change order clause should include:

• A clear statement of what justifies a change. Only material issues should qualify – meaning both parties relied on a particular condition when they signed the contract, and a new factor substantially changed the scope of work.
• A clear process for requesting and assessing change orders. The contract should designate a single role to evaluate requests and provide a process for resolving disagreements.

Even with a change clause in place, however, construction delay disputes and litigation are sometimes unavoidable. Our attorneys can advocate for you in court.

Resolving Delay Claims & Construction Delay Disputes

Who Is Liable for Construction Delays?

It depends on the events that occurred, the contract terms, and applicable Texas law. Generally, owners and contractors are each liable for their own actions and inactions. 

Under the standard Texas courts apply, a contractor seeking to recover delay damages must establish three things:

1. That its work was delayed or hindered; 
2. That it suffered damages as a result; and 
3. That the owner was responsible for the act or omission that caused the delay. 

Contractors must also prove the duration of the delay, establish a causal connection between the delay and the additional costs incurred, and demonstrate that their own performance was not the primary contributing factor.

Contractors are typically liable for:

• Their own actions and inactions, including project planning and project management decisions.
• Actions and inactions of their subcontractors and suppliers.

Owners are typically liable for:

• Their own actions and inactions, including owner-directed change orders.
• Actions and inactions of entities they hired directly.
• Unexpected site conditions.

Neither party is usually liable for events truly outside anyone's direct or indirect control – natural disasters, abnormal weather, war, terrorism, or unrelated third parties.

What Is the Difference Between Excusable Delays and Inexcusable Delays?

This distinction applies to claims owners bring against contractors.

Excusable delays are caused by events beyond a contractor's control – either within the owner's control or beyond both parties' control.

• If the delay was within the owner's control, the contractor is not liable and may be awarded both a time extension and money damages.
• If the delay was in neither party's control, the contractor may receive a time extension but not money damages.

Inexcusable delays are caused by events within the contractor's control, including acts or omissions of subcontractors and suppliers. The contractor may be liable for money damages.

When multiple parties share responsibility for a delay, determining liability becomes more complex. Texas courts require contractors to establish which portion of the damages resulted from acts attributable to each responsible party – making detailed documentation and expert analysis critical to any claim.

What About No-Damages-for-Delay Clauses?

Many construction contracts include no-damages-for-delay clauses that attempt to limit or eliminate a party's right to recover delay damages. Texas generally enforces these provisions, but they are not absolute. Texas courts have recognized important exceptions where an owner engages in deliberate interference, arbitrary or capricious conduct, active interference, bad faith, or fraud. If your contract contains one of these clauses, our attorneys can evaluate whether an exception applies to your situation.

Notice requirements matter as well. Texas law requires contractors to give notice of delays in the manner and within the time specified in the contract. At the same time, Texas Civil Practice and Remedies Code Section 16.071 provides that any notice stipulation requiring less than 90 days is void – protecting contractors from unreasonably short notice windows. Failing to comply with notice provisions can jeopardize an otherwise valid delay claim, which is why early legal guidance is so important.

How Do Construction Delay Lawyers Determine What Caused the Delay?

Determining causation requires in-depth analysis. 

When assessing a delay claim for potential litigation, our attorneys evaluate the evidence, including records entered in time-management software covering tasks, trades, actions taken, expenses, and anticipated profit margins. We investigate the accuracy of the data recorded and, when necessary, retain construction scheduling experts to perform critical path analysis.

When defending against construction delay claims, we go beyond accounting and budgeting analysis. Our attorneys and construction experts comb through job records, correspondence, project files, and financials. We determine whether items budgeted for one phase of the project were properly charged against that phase – and whether expert testimony on causation meets the standards Texas courts require.

Courts have rejected expert testimony where the witness failed to conduct a causation study or offered no opinion connecting specific delays to specific damages. We make sure your case is built on analysis that will hold up.

What Remedies Are Available for Construction Delays?

The primary remedies are money damages – available to both owners and contractors – and time extensions, available to contractors only. The type of remedy depends on which party had control over the events that caused the delay.

• Delays within neither party's control: eligible for a time extension only.
• Delays within the owner's control: owner is typically liable for money damages; contractor is eligible for a time extension.
• Delays within the contractor's control: contractor is typically liable for money damages.

How Are Money Damages for Construction Delays Calculated?

If your contract includes a liquidated damages clause, it will set out when damages begin to accrue on a per-day basis. If it does not, you may still be able to recover money damages for inexcusable delays. Recoverable direct damages can include expenses that flow naturally and necessarily from the delay, such as:

• Rental charges
• Office expenses and overhead
• Lost productivity and profits
• Extended labor costs, environmental contractors, inspectors, and additional construction consumables
• Interest
• Other delay-related expenses

If the contractor could have completed the project ahead of schedule but the owner's delays prevented early completion, the owner may be liable for the contractor's extra costs – even if the project ultimately finished on time.

Contractors may also recover acceleration damages if the owner requires them to complete work faster than originally agreed, including costs of additional labor, overtime, and rental equipment.

When To Contact a Delay Claim Construction Lawyer

• Before you sign a contract. Construction delays are extremely common. Plan for them from the start including change-order clauses and other protections. Our attorneys can help you draft or review a contract before you sign.
• If you are in a change order process. Understanding your legal exposure helps you negotiate from a position of strength. If you are working through a complex change order, we can analyze your situation so you are using the best possible information to make decisions.
• If you are considering legal action. If your contract lacks a change order clause, or if the process has broken down, we can evaluate your options and advise you on the best path forward.
• If you have been sued. Lawsuits move quickly, and missing a deadline can mean losing by default. Contact our attorneys immediately so you can make informed, empowered decisions.

We Are Your Texas Commercial Construction Delay Attorneys

Hendershot Cowart P.C. is a Houston-based law firm with deep experience in construction law, including delay claims. We listen to your goals, help you assess your situation, and advise you about the best path toward protecting your business and achieving a successful resolution.

Ready to protect your project? Contact Hendershot Cowart P.C. today. Call (713) 783-3110 or schedule your consultation online.