5.3.1.4.2 Examples of Typical Excusable Delays

• Jurisdiction: Arizona

1. Act of God. (E.g., tornados, floods, earthquakes, hurricanes).^[80] Where the contract fails to provide for excusable delays arising from flooding, the court may apply a reasonable expectations analysis in determining whether the delay is excusable.^[81]

2. Strikes and Labor Unrest. Recovery will be denied a contractor if labor difficulties are brought about by the contractor’s bad faith in labor negotiations,^[82] or were foreseeable at the time of contracting.^[83]

3. Unusually Severe Weather. The contractor must show more than weather conditions impacting or delaying scheduled work activities. The weather conditions must be unusual for the time and geographic locale, and not reasonably anticipated by the contractor. If the unusual weather...