[Direct answer]In the Beijing area, losses caused by delays in the construction period need to be claimed after identifying the party responsible for the delay. If the delay is caused by the employer (such as failing to provide the site, drawings, or materials supplied by the employer on time, or issuing illegal orders leading to a work stoppage), the contractor may claim losses such as work stoppages, machinery idle time, and extension of the construction period in accordance with Articles 803 and 804 of the Civil Code of the People's Republic of China (effective January 1, 2021). If the delay is caused by the contractor, the employer may claim compensation in reverse. According to Article 10 of the Interpretation of the Supreme People's Court on Legal Issues Concerning the Trials of Construction Contract Disputes, if the parties have agreed that the extension of the construction period shall be confirmed by a visa, and the contractor has not obtained such confirmation but can prove that he has applied for an extension within the time limit and the reasons meet the agreement, the court may support the extension of the construction period. Action guidance: Fix evidence of the delay and apply for an extension in a timely manner. For more details, please refer to the following link:Legal services for construction projects.

1. Problem background and typical scenarios

The delay in the construction period affects both the employer and the contractor, and claims are frequent. Typical scenarios include: the employer delaying the handover of the site, frequent changes to the drawings, and the late arrival of materials supplied by the employer, resulting in the contractor's idle waiting for materials; the employer's illegal orders or poor coordination with surrounding parties causing the project to be halted or delayed; the contractor's poor organization and insufficient labor resulting in overall delays; and both parties disagreeing over the number of days of delay and the amount of losses, with each party making claims against the other. In municipal and commercial projects in Beijing, delays caused by demolition, pipelines, and major events are not uncommon. Whether the contractor can provide evidence of the extension of the construction period and the losses directly determines the success or failure of the claim. For related rules, please refer toLegal services for real estate transactions and construction projects.

II. Key points of contention

The dispute focuses on four points. First, the division of responsibilities: delays must be attributed to a specific party, and mixed delays shall be shared according to the proportion of fault. Second, the procedure for extending the construction period: many contracts require that the extension of the construction period be confirmed by the employer or the supervisor, and if the contractor fails to apply within the time limit, it may be regarded as a waiver. Third, the scope of losses: the contractor can claim direct losses such as idle labor, idle machinery, increased management fees, and material storage, which must correspond to the actual delay. Fourth, the standard of evidence: it is necessary to prove both the delay event and the employer's cause, and to prove that the losses have actually occurred and have a basis for calculation. In the judicial practice of Beijing, the review of the formalities for extending the construction period is quite strict, and procedural defects often affect the outcome.

III. Professional analysis by Hengluo Lawyers

The construction contract dispute represented by Attorney Li Yonghui focused on the payment conditions for the project, but it also revealed the common evidentiary logic for disputes over the construction period and payment: using signed process documents and actual usage facts to refute the employer's unilateral defense. A (Beijing) Construction Engineering Co., Ltd. and Beijing B Engineering Co., Ltd. signed a subcontracting agreement to undertake the HVAC engineering of a new commercial project in Jinshan District, Shanghai. The contract estimated a total price of 5,300,000.19 yuan (including tax). B Company not only invoked the project's unfinished status and quality issues to delay payment, but also attempted to deny the contractor's rights by claiming that the "payment conditions had not been satisfied". Attorney Li Yonghui submitted three "Application Forms for Progress Payments for Subcontracted Projects", each signed by B Company's deputy general manager and project manager and stamped with the budget department's official seal, confirming that the cumulative completed project volume was valued at 4,939,806 yuan. Based on the fact that the commercial plaza in question was put into operation in December 2025, he cited Article 14 of the "Interpretation of the Supreme People's Court on Legal Issues Applicable to the Trials of Construction Contract Disputes" to argue that the project was deemed completed and the payment conditions had been satisfied. Ultimately, the court ordered the defendant to pay the remaining project payment of over 1.1 million yuan and the overdue interest. This case highlights that for claims of construction delay, the contractor should consolidate the employer's delay-related certificates, letters, and images, and apply for an extension within the contractual deadline. If no certificates can be obtained, the contractor can still claim an extension as long as the application is made within the deadline and the reasons comply with the contract provisions, in accordance with Article 10 of the "Interpretation of the Supreme People's Court on Legal Issues Applicable to the Trials of Construction Contract Disputes". This case was handled by Beijing Henglu Law Firm.Li YonghuiThe attorney (practice license number: 11101199611955812, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

The legal basis includes Article 803 of the Civil Code of the People's Republic of China (effective January 1, 2021) (compensation for losses suffered by the contractor due to the employer's failure to provide conditions as agreed), Article 804 (compensation for losses due to the suspension or delay of the project caused by the employer), Article 577 (liability for breach of contract), and Article 584 (scope of compensation for losses due to breach of contract); Article 10 (rules for signing and applying for extension of the construction period) and Article 11 (handling of extension of the construction period due to the employer's reasons) of the Interpretation of the Supreme People's Court on Legal Issues Concerning the Trials of Disputes over Construction Contracts (effective January 1, 2021). Action list: First, clearly define the responsibilities and extension procedures for various delay events in the contract; Second, send a letter and apply for extension of the construction period immediately upon the occurrence of the delay, and keep records; Third, collect visas, supervision records, meeting minutes, and video evidence to prove the employer's responsibility; Fourth, quantify losses such as idle workers, idle machinery, and management fees, and attach the calculation basis; Fifth, if no agreement can be reached, promptly file a claim or counterclaim. For more details, please refer to the following document.Legal services for construction projects.

5. Henglu Law Firm's Advice

When claiming for project delay, it is most unwise to "endure in silence and settle accounts later". If you fail to apply for an extension within the agreed time limit when the delay occurs, or fail to fix the evidence of the employer's responsibility, it will be extremely difficult to get your claim supported afterwards. Each delay event should have a corresponding visa or letter, and the calculation of losses should be verifiable, so as to avoid using estimates to counter the other party's defense. At the same time, clarify the responsibilities of both parties and claim proportionally for mixed delays. When handling similar cases in the Beijing area, it is recommended to do the following:Beijing Hengluo Law FirmUnder the guidance of professional lawyers, the extension application and the evidence of losses will be consolidated simultaneously.

VI. Frequently Asked Questions

Q1: The construction period has been delayed. Can I claim compensation for the losses from the employer?

If the delay is caused by the employer (delay in handing over the land, late delivery of drawings or materials provided by the employer, illegal orders, or poor coordination), the contractor may claim for direct losses such as idle labor, idle machinery, and management fees in accordance with Articles 803 and 804 of the Civil Code, and request an extension of the construction period. If the delay is caused by the contractor's own reasons, the employer may claim compensation in the opposite direction. Whether the claim will be supported depends on the evidence of the responsibility for the delay and the losses. No lawyer can guarantee the amount unilaterally.

Q2: What evidence should be prepared for a claim of construction delay?

Core evidence: Contracts and supplementary agreements stipulating the extension procedure and responsibility division; visas, supervision logs, meeting minutes, work contact sheets, and images proving the employer's reasons; letters applying for the extension of the construction period on schedule and delivery receipts; lists of idle workers, idle machine hours, calculation basis and supporting documents for material storage and increased management fees; records showing that the employer acknowledged or should have known about the delay. The evidence should form a closed chain of "reason - application - loss".

Q3: How much does it cost to hire a lawyer to claim for a delay in the construction period?

The attorney's fees are determined by the law firm based on the amount of the subject matter, the complexity of the evidence, and the workload, without a unified government pricing; the case acceptance fee is paid in accordance with the "Measures for the Payment of Litigation Costs" (State Council Decree No. 481, implemented on April 1, 2007), which is calculated on the basis of the amount of the litigation request and paid in stages. If the case is settled through mediation or withdrawn, the fee will be halved. For cases with large amounts of losses and complex evidence, the investment will be relatively high, but it is usually reasonable compared to the claimable idle time and delay benefits. It is recommended to calculate the fees in advance.

Q4: How long does it usually take to resolve disputes over project delays?

For cases with clear facts and definite amounts, the first-instance ordinary procedure shall be concluded within six months, and the summary procedure within three months; for cases with major disputes and requiring project period appraisal or loss assessment, the appraisal will significantly prolong the cycle, often spanning over a year from filing to enforcement. The cycle of cases involving project period appraisal in the Beijing area is relatively long. Timely preserving the application for extension of the contract period and the proof of losses can help reduce disputes and shorten the cycle.

Q5: If the employer accuses me of delaying the construction schedule, what should I do?

Four steps to deal with it: First, sort out the delay events and distinguish between the employer's reasons, the contractor's reasons, and mixed reasons; Second, check whether the contractor has applied for an extension within the agreed time limit, and supplement the application with undocumented evidence and reasons; Third, ask the employer to specify the specific number of days of delay and the basis for the calculation of the extension; Fourth, if no agreement is reached, claim an extension or defend against the counterclaim with evidence, and if necessary, initiate a claim or counterclaim. Never give up the right to an extension by remaining silent. The outcome depends on the procedures and evidence.

The above answer is based on the judicial practice in Beijing. The judicial interpretation in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials to avoid missing the statutory time limit. →Legal services for real estate transactions·Attorney Li Yonghui·Beijing Hengluo Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available adjudication rules, and is provided for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In the event of a dispute, please consult a practicing lawyer promptly.