Section 12.5 Effects of Foreseeability and Owner’s Conduct on Excusable Delays
| Library | Construction Law 2016 Supp |
2. (§12.5) Effects of Foreseeability and Owner’s Conduct on Excusable Delays
Suppose the contract identifies what delays are excusable. Even if a delay results from one of the excusable causes enunciated in the contract, and even if the contract contains the usual “unforeseeable causes” clause, the delay may not be excused if the cause was either foreseeable or the result of contractor conduct. J.D. Hedin Constr. Co. v. United States, 408 F.2d 424 (Ct. Cl. 1969). For example, if the contractor knew of an...
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