Section 12.11 Damages for Compensable Delays

• Library: Construction Law 2016 Supp

III. (§12.11) Damages for Compensable Delays

Not all delays justifying time extensions are compensable. Otherwise stated, an excusable delay may entitle a contractor to additional time, but not additional money. Many contract forms state that, in the event of delay, the contractor’s sole remedy is an extension of time. For example, a strike may entitle the contractor to a time extension, thus avoiding liquidated damages. But the owner would not be responsible for the contractor’s increased costs attributable to that strike.

Whether a delay is compensable must first be determined from the contract. The contract may:

· define excusable delay events and leave open the question of

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