Getting help
My contractor is behind schedule. What do I do?
Frustration is not a remedy. The contract is. Work the sequence below before you make demands you can't support.
By Salt & Oak Development Group•
Short answer
Start by re-establishing the contract baseline schedule, then document the current status and the specific causes of delay. Determine from the contract whether each cause is excusable, compensable, or contractor-owned, and require a written recovery schedule before releasing further payment on affected work.
The sequence
- Pull the baseline schedule attached to or referenced in the contract
- Request the current updated schedule with actual start and finish dates
- Identify the critical path today and what is sitting on it
- List delay causes and attach documents to each — RFIs, weather logs, submittals, owner decisions
- Classify each: excusable and compensable, excusable non-compensable, or contractor-caused
- Require a written recovery plan with named manpower and procurement dates
- Confirm notice provisions and time limits in the contract before asserting anything
Common causes and who usually owns them
| Cause | Typically owned by |
|---|---|
| Late owner decisions or selections | Owner |
| Design errors or omissions requiring rework | Design team / owner |
| Unforeseen subsurface conditions | Depends on contract language |
| Late procurement of long-lead items | Contractor, unless ordered by owner |
| Undermanning or subcontractor default | Contractor |
| Abnormal weather beyond contract allowance | Excusable, generally non-compensable |
What not to do
- Do not withhold payment for work properly in place without a contractual basis
- Do not verbally approve acceleration — it becomes a change order you didn't price
- Do not skip written notice because the relationship is friendly
Common questions
- Can I charge liquidated damages?
- Only if the contract provides for them, the delay is not excusable, and notice requirements have been met. Asserting them without that foundation usually weakens the owner's position.
Start with a conversation.
Tell us where the project stands. We'll respond within one business day — with next steps, or a candid reason it isn't the right fit.
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