Section 8.15 Excusable Delay
Library | Construction Law 2016 Supp |
D. (§8.15) Excusable Delay
The typical construction contract contains provisions excusing delay under certain circumstances. For example, AIA Document A201-1997, General Conditions of the Contract for Construction (15th ed.), provides for an extension of time if the contractor is delayed by:
the owner or architect or their employees;
another contractor;
ordered changes;
labor disputes;
fire;
delivery delays;
unavoidable casualties; or
other causes beyond the contractor’s control.
Paragraph 8.3.1.
A comparable provision in the Federal Acquisition Regulations (FARs) addresses delay in the context of federal government contracts. The government contractor is expressly excused from delay for circumstances beyond its control. 48 C.F.R. § 52.249-14. The kinds of events that would typically constitute excusable delay include weather, strikes, acts of God, defective plans and specifications, and acts of the owner. As a practical matter, for a delay to be excusable, it must be both beyond the...
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- Section 8.1 Introduction
- Section 8.2 Change Order Procedures
- Section 8.3 Dispute Resolution Procedures for Changes in the Work
- Section 8.4 “Extra Work” vs. “Additional Work”
- Section 8.5 Methods of Compensation for Extra Work
- Section 8.6 Differing Site Conditions and Other Compensable Changes
- Section 8.7 Differing Site Conditions—Public Works Projects
- Section 8.8 Written Change Order Requirements
- Section 8.9 Oral Waiver of Written Change Order Requirements
- Section 8.10 Requirement of Written Contracts—Public Works Projects
- Section 8.11 Waiver of Written Change Order Requirement by Course of Conduct or Silence
- Section 8.12 Defining Time of Performance
- Section 8.13 Time of Essence
- Section 8.14 Types of Delay
- Section 8.15 Excusable Delay
- Section 8.16 Notice of Delay
- Section 8.17 Contractor Liability to Owner for Delay
- Section 8.18 Contractor Liability to Subcontractors and Other Contractors for Delay
- Section 8.19 Design Professional’s Liability for Delay
- Section 8.20 Compensable Elements of Delay
- Section 8.21 Owner Liability to Contractor for Delay
- Section 8.22 “No Damages for Delay” Clauses—Private Contracts
- Section 8.23 “No Damages for Delay” Clauses—Public Works Contracts
- Section 8.24 Consequential Damages
- Section 8.25 Termination Provisions
- Section 8.26 Rescission vs. Termination
- Section 8.27 Termination for Material Breach
- Section 8.28 Termination for Commercial Frustration or Impracticality
- Section 8.29 Termination for Nonpayment
- Section 8.30 Excuses for Abandonment of Contract
- Section 8.31 Measure of Damages Upon Termination
- Section 8.32 Substantial Completion and Performance
- Section 8.33 Stop Work Notices
- Section 8.34 Termination for Convenience
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