How to Protect Yourself from Construction Delays and Cost Overruns

Construction projects, whether residential or commercial, often come with risks such as unexpected delays or rising costs. These issues can disrupt timelines, exceed budgets, and lead to disputes with contractors. At Linley Welwood, we understand that when contracts lack clarity or issues are not addressed early, even small problems can escalate into costly legal battles, project shutdowns, or strained partnerships. That is why we have outlined how to protect yourself from construction delays and cost overruns through careful planning and legal safeguards.

Learn how to ensure you are compliant with British Columbia’s construction law.

Steps to Minimize Construction Delays and Unexpected Costs

In British Columbia, clear contracts, proper documentation, and legal support can help you manage construction risks and avoid costly surprises. Some of the steps you can take to minimize construction delays and unexpected costs include:

1. Start with a Detailed Construction Contract

A well-drafted contract is your first line of defence. It should outline timelines, payment schedules, responsibilities, and what happens in the event of a delay or cost increase. In British Columbia, contracts must also align with local building requirements governed by the BC Building Code and Building Act. This ensures the work complies with provincial standards and avoids enforcement issues later. Consulting a lawyer with experience in construction law before signing can ensure the contract reflects your expectations and protects your legal position.

2. Include a Force Majeure Clause and Delay Provisions

Delays may occur due to factors outside of anyone’s control, such as extreme weather or material shortages. Including a force majeure clause in your construction contract helps define what kinds of delays are considered excusable and what rights each party has in those cases. Make sure these provisions are clearly outlined before signing a construction contract, especially regarding how delays will be communicated and managed.

3. Keep a Paper Trail and Monitor Progress

Documentation is key when dealing with project changes. Keep track of all correspondence, invoices, site reports, and project updates. If a dispute arises or you need to file a claim, these documents will help establish what happened and when. In British Columbia, disputes involving construction quality or compliance often hinge on documentation aligned with provincial standards.

4. Seek Legal Advice Early

If problems begin to surface or communication with your contractor becomes difficult, speak with a lawyer early. Legal advice can help you understand your rights, explore dispute resolution options, or prepare for court, if necessary. In some cases, mediation or negotiation can help reach a resolution without long delays or legal expenses.

At Linley Welwood, our lawyers are here to help you navigate the legal aspects of construction projects with confidence. To learn more about protecting your investment and preventing delays or cost overruns, get in touch with us today.