5.3.1.4.1 Excusable Delays

• Jurisdiction: Arizona

Excusable delays arise from unforeseen causes beyond the control of, and without the fault of, the contractor. An “excusable delay” is defined as a delay that permits a contractor to complete the work at a date beyond the contractually scheduled time. An “inexcusable delay” does not entitle a contractor to a time extension, and may actually expose the contractor to damages from the owner.

The place to start analyzing whether a delay in performance is excusable or inexcusable is the construction contract...