Section 12.6 Foreseeability

• Library: Construction Law 2016 Supp

a. (§12.6) Foreseeability

Whether an owner can be relieved of the duty to pay a contractor for a delay defined as excusable in the contract often hinges on whether the delay was foreseeable by the contractor when the contractor signed the contract. It is deemed that known delays are contemplated at the time of agreeing to the completion date. For example, when, at the time the contract is signed, the contractor knows that the owner will be late in delivering final plans and in clearing the site, the contractor cannot rely on that owner-caused delay for a contract extension. Dicon, Inc. v. Marben Corp., 618 F.2d 40 (8^th Cir. 1980) (applying Missouri law).

Because the issue of foreseeability plays such a large part...