Section 12.4 Defined by the Contract?

• Library: Construction Law 2016 Supp

1. (§12.4) Defined by the Contract?

The contract usually defines “excusable” delays. Commonly recognized excusable delays are:

· owner/architect-created delays (e.g., design modifications, ordered suspensions of work, failure to turn the job over in time, hindrance, interference, excessive submittal approval turnaround time);

· unforeseeable events or acts of God (flooding, tornado, unusual rainfall);

· strikes; and

· delays in receiving owner-supplied materials.

The contract, therefore, is the first place to look to see if a delay is excusable. Because this is such an important determination, most standard form contracts...