I understand there are unforeseeable events no one can plan, but what should I expect as a “common” delay in a construction project? How often should the project sponsors communicate delays? What is an unacceptable delay?
Answers
Bernard P Wolfsdorf
EB-5 Immigration attorneysThere could be a variety of issues from permits to funding, but look for track record and carefully review the project chosen.
David Raft
EB-5 Immigration attorneysMost EB-5 projects involve large real-estate development, so you should expect some delays—they are normal. Common ones include:
1. Permitting & Approvals (2–6 months typical delay). Cities often take longer than expected to issue building permits, environmental approvals and utility or zoning sign-offs and delays of a few months are common and not usually a red flag.
2. Financing & Capital Stack Delays (1–4 months). Even when EB-5 investors fund promptly, senior lenders or equity partners may take longer to close and this is common, especially in complex projects.
3. Construction & Supply Chain Delays (3–9+ months). These delays usually come from labor shortages, supply chain issues (steel, concrete, equipment), weather delays which can be unavoidable, due to hurricanes, flooding, etc., and then contractor sequencing issues. Every construction lender assumes these delays—they’re normal.
4. Leasing / Stabilization Delays (3–12 months). For projects that require tenants or hotel occupancy, leasing or ramp-up often takes longer than planned.
An EB-5 project sponsor or developer typically provides quarterly updates on construction progress and budget as well as immediate notice of any material delay (i.e., anything that significantly impacts budget or schedule) and then annual financials. Many reputable regional centers update monthly, but quarterly is the industry standard. If you rarely receive updates or only get vague answers, that can be a red flag. Here is the simplest way to understand delays: Normal delays: A few months at each stage. Explained clearly. Progress continues. Concerning delays: 6–12 months with poor communication or unclear funding. Unacceptable delays: Over a year of slippage combined with lack of transparency or financial instability.
Natalia Morozova
EB-5 Immigration attorneysAs far as common delays. Here are some answers:
1. *City permitting & zoning approvals* – especially in larger cities
like New York
2. *Senior construction loan syndication* – issues with non-EB-5
financing for the project
3. *Supply-chain & labor shortages* – global material shortage, shipping
delays and tariffs.
4. *Weather & change orders* – like hurricanes, excessive snow,
flooding.
Here is the approximate communication schedule:
*Monthly* (preferred)Short construction update + photos/video + % complete
+ funds expended vs. budget
*Quarterly *(minimum)Detailed written report: timeline update, budget
update, major milestones, risks
*Within 10 days *Any material delay (>60 days) or budget overrun (>10%)
must be disclosed in writing
*Immediately* Force majeure events, litigation, lender default, or
termination of any key contract
Hope this was helpful.
Lynne Feldman
EB-5 Immigration attorneysI would communicate monthly with the project and ask them for monthly updates so you can stay on top of any concerns. You are one of their investors and are entitled to continuing information.
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