Delay

Each and every delay incurred should be well documented during the course of the project.

Types of delay

1. Critical or Non‐Critical
2. Excusable or Non‐Excusable
3. Compensable or Non‐Compensable
4. Concurrent or Non‐Concurrent

1. Non‐Critical Delays:
• Impact a portion of the work with available float time allowing the project to be completed on time

2. Critical Delays:
• Impact a portion of the work exceeding float time available and delaying the project

3. Excusable Delay

A delay beyond the control or fault of a contractor or owner (e.g. “Force Majeure” causes including weather, fire, flood & act of God)

4.Non‐Excusable Delay

The contractor’s fault

5. Non Compensable:

Contractor entitled to a time extension but not to delay damages

Delay due to:

1. Weather delay
2. Strikes
3. Acts of God

4. The contractor’s fault.
• Contractor is not entitled to a time extension and owner may assess liquidated
• damages or actual damages (if contract does include provision for liquidated damages)

5. Delay caused by events within the control of the contractor and could have potentially been avoided had the contractor exercised care




6. Compensable/ Excusable

Proof of Delay
• Contractor must proof that delays caused by the owner extend the project completion beyond the date attributable to its own delay
• Delay must be on the critical path
• Delay cannot be concurrent with Excusable/Noncompensable delay