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 (15^th 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...