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When Construction Isn’t Completed by the Promised Date

Miguel A. Brizuela, P.A.  Dec. 29, 2023

In the world of construction, time is more than just money—it's the foundation for trust, credibility, and customer satisfaction. The completion of a project within the stipulated timeframe isn't just about meeting deadlines; it's about fulfilling promises and upholding reputations. 

When we enter into a construction contract, we're not just signing a piece of paper. We're making a commitment—a promise to deliver a project by a specific date. And this promise is not taken lightly. It's built on expectations, anticipation, and often, substantial financial investments. 

At Miguel A. Brizuela, P.A., we understand the complexities and frustrations that come when construction projects aren't completed by the promised date. Our dedicated attorney has been navigating these challenges for over 15 years, providing reliable legal guidance to clients in Miami, Fort Lauderdale, West Palm Beach, and throughout Southern Florida.

Whether you're a property owner, contractor, architect, designer, engineer, or surety, we're here to stand with you, advocating for your rights and interests. Don't let project disputes leave you feeling overwhelmed—reach out to us today for a free consultation. Let's work together to build a robust solution to your construction-related legal matters. 

Legal Implications

When a construction project does not meet its promised completion date, it can lead to legal consequences. These can range from contractual disputes to hefty fines and potential lawsuits.  

Contractual Obligations 

As your legal team, one of our first steps is to carefully review your construction contracts. We look for clear definitions of timelines, responsibilities, and repercussions in case of delays. We ensure that your rights are protected and your obligations understood. 

A well-drafted construction contract should explicitly state the completion date. This date serves as a benchmark, a goal that drives the entire project. If this date isn't met, it can lead to legal implications. 

Breach of Contract 

When a party fails to fulfill their contractual obligations—like not completing the construction by the promised date—it's considered a breach of contract. This can lead to various consequences, from financial penalties to legal actions. 

In cases of breach, remedies may include monetary damages, contract modifications, or even termination of the contract. We guide you through these remedies, helping you find the most suitable solution for your situation. 

Excusable Delays

Not all delays are inexcusable or indicative of a breach of contract. There are instances where delays are deemed 'excusable.' This section will shed light on what constitutes an 'excusable delay' in the context of construction contracts. 

Force Majeure Clauses 

Force majeure events are unforeseen and unavoidable circumstances, like natural disasters, that can impact the construction timeline. We help you understand how these clauses work and their impact on your project. 

Force majeure events can significantly delay construction timelines. However, with our guidance, we can help mitigate these impacts and navigate the legal complexities that arise. 

Unforeseen Circumstances 

Unforeseen circumstances, like unexpected soil conditions or the discovery of hazardous materials, can also cause delays. We're here to assess these challenges and advise on the best course of action. 

These unpredictable challenges can extend construction timelines. But don't worry, we're here to help manage these challenges and ensure your interests are protected. 

Communication and Documentation

Effective communication and meticulous documentation form the backbone of any construction project. They play a pivotal role in ensuring transparency, providing legal protection, and fostering good working relationships among all parties involved. Proper communication aids in the smooth execution of tasks, while comprehensive documentation acts as tangible evidence in case of disputes or legal complications. 

Open Lines of Communication 

Open communication is key in managing construction delays. Regular updates allow for proactive problem-solving and smoother decision-making processes. 

Addressing delays promptly can prevent them from spiraling out of control. We're here to ensure that issues are not only addressed but resolved in a timely manner. 

Documenting Delays 

Documenting delays through written correspondence is vital. It provides a record of what transpired, which can be crucial in any future legal proceedings. 

A well-documented paper trail can strengthen your position in case of disputes. We'll guide you on what to document and how to maintain this crucial record. 

Dispute Resolution

In the event that a construction delay leads to a disagreement, a well-planned dispute resolution strategy can be instrumental in finding a fair and mutually acceptable solution.  


Mediation is a voluntary process where a neutral third party helps resolve disputes. We can guide you through this process, helping you find mutually agreeable solutions. 

While mediation can be less adversarial and more cost-effective, it also requires cooperation from all parties involved. We're here to help you weigh the pros and cons based on your unique situation. 


Unlike mediation, arbitration is a binding process. The decision made by the arbitrator is final and enforceable by law. We're here to represent your interests and ensure a fair process. 

Enforcing arbitration decisions can be complex. As your legal team, we're committed to making this process as smooth as possible for you. 

Legal Recourse for Unfulfilled Contracts

When a construction contract isn't fulfilled as agreed, there are legal remedies available to those aggrieved. Let's delve deeper into the possible courses of action available when dealing with a contract that has not been honored. 


Litigation is a legal process where the matter is taken to court. As your representatives, we're prepared to defend your interests rigorously and ensure that your rights are safeguarded throughout the process. 


There are times when a settlement is the best course of action. This involves negotiating an agreement without going to court. We will assist you in this process, ensuring that the settlement is in your best interest. 

Termination of Contract 

There are certain grounds on which a contract can be terminated, such as a significant breach or non-performance. We help you understand these grounds and their implications. However, please note that the termination of a contract can have consequences for both parties, like financial losses or damaged reputations.  

Get Professional Support Today

While construction delays can be frustrating, they're not insurmountable. With the right legal guidance, open communication, and thorough documentation, you can navigate these challenges effectively. 

We understand that when construction isn't completed by the promised date, it can lead to stress and uncertainty. That's why we're here—to provide expert legal advice and help you find the best solutions. 

Remember, clarity in construction contracts is key. It not only minimizes misunderstandings but also helps manage expectations. As your legal team, we'll ensure that your contracts are clear, comprehensive, and legally sound.