Section 12.13 Delays Not Contemplated by the Parties

• Library: Construction Law 2016 Supp

1. (§12.13) Delays Not Contemplated by the Parties

If a contract includes a list of possible delays, the exclusion for delays not contemplated is limited to those delays not included in the list. But most contracts do not attempt to list possible delays, and absent such an attempt, this exception allows recovery of delay damages for a wide range of causes—a seemingly unending realm of what was not reasonably contemplated at the time of the contract.

One of the general principles in standard form contracts, and a generally accepted principle of all contracts, is that the parties are entitled to expect normal and reasonable contract performance. Thus, delays...