A delay claim needs a traceable explanation of what happened to the planned work. The February dossier focuses on records that connect missing access, late design and disrupted activities with the consequences alleged.
February 2026 practice dossier. A thematic entry in the annual archive, prepared and legally reviewed on 13 November 2026. This is not a claim that it was published or that legislation changed in that month.
Record the affected activity
Keep the agreed baseline programme and each accepted update. A daily record should identify the location, intended operation, workforce and equipment available, the obstacle and the work that could still proceed. Photographs are more useful when their location and time are identifiable. Distinguish an employer decision from a subcontractor shortage or ordinary coordination issue; the same period may contain several causes.
Assess entitlement separately from duration
Extra time and extra money do not necessarily follow the same contractual or statutory route. Section 642 BGB concerns a missing act of cooperation and acceptance default; its conditions and calculation must be assessed separately from damages. Avoid assigning all site overhead to the employer simply because completion was late. Record mitigation, alternative deployment and the costs actually affected so that a reviewer can test the causal account.
Project review checklist
- Preserve the baseline and update history.
- Connect each notice with affected operations and evidence.
- Separate time relief, compensation and damages calculations.
Four practical examples
These illustrative scenarios are fictional examples, not accounts of client matters.
Late drawing
A reinforcement drawing arrives five days late, but excavation was also unfinished. Record which activity could actually have started and when. This avoids attributing the entire five-day period to the drawing alone.
Blocked access
A crane cannot enter because a promised access route remains closed. Photograph the obstruction and record the available crane and crew. Also record whether they could be reassigned to another work area.
Several contractors
Two trades report that they were waiting for each other. Use meeting records and actual completion dates to identify the sequence. An undifferentiated statement that the site was disrupted does not resolve responsibility.
Acceleration request
The employer asks for weekend working. Confirm the instruction, additional resources and cost basis before implementation. Keep ordinary delay costs separate from the agreed acceleration measures.
Further guidance and sources
Explore the related construction law service
Official statutory text (German)
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