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Delay Types

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Pulasthi Gunasekera
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6 views

Delay Types

Uploaded by

Pulasthi Gunasekera
Copyright
© © All Rights Reserved
Available Formats
Download as PDF, TXT or read online on Scribd
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Extension of Time (EOT) claims can be categorized based on the causes of delay and the contractual

terms. Here are the primary types of EOT claims commonly seen in construction projects:

1. Excusable Delays

• Definition: These are delays for which the contractor is not responsible and, therefore, may be
entitled to an EOT. They are usually beyond the contractor’s control.

• Examples:

o Force majeure events (e.g., natural disasters, wars, pandemics)

o Changes in laws or regulations

o Delays in approvals or permits from authorities

• Compensation: Typically, excusable delays entitle the contractor to an EOT without


compensation for additional costs unless specified otherwise in the contract.

2. Compensable Delays

• Definition: Delays for which the employer or client is responsible, and the contractor is entitled
to both an EOT and financial compensation for additional costs incurred due to the delay.

• Examples:

o Late issuance of drawings or specifications

o Employer-caused site access issues

o Delays due to the employer’s instructions or change orders

• Compensation: In addition to an EOT, compensable delays allow the contractor to claim


associated costs, such as overheads and other time-related expenses.

3. Concurrent Delays

• Definition: Delays caused by both the contractor and the employer (or other factors) occurring
at the same time. Determining responsibility and entitlement for concurrent delays can be
complex.

• Examples:

o Employer-related delay in design approval occurs while the contractor also delays
mobilization.

• Compensation: Generally, contractors are only entitled to an EOT without additional costs unless
contractually agreed otherwise. Allocation of responsibility depends on contract terms and
applicable laws.

4. Non-Excusable Delays

• Definition: Delays caused solely by the contractor’s actions or failure to perform. In this case, the
contractor is not entitled to an EOT and may face penalties.
• Examples:

o Poor project management

o Insufficient resources or slow mobilization

o Poor workmanship requiring rework

• Compensation: Non-excusable delays may result in liquidated damages or penalties as per the
contract, with no EOT entitlement.

5. Force Majeure Claims

• Definition: These are specific types of excusable delays due to unforeseeable and uncontrollable
events that prevent performance as per the contract.

• Examples:

o Natural disasters (e.g., earthquakes, floods)

o Political events (e.g., war, riots)

o Pandemics or health emergencies

• Compensation: Typically, an EOT is granted, but compensation for costs depends on the contract
clauses regarding force majeure.

6. Acceleration-Related Delays

• Definition: When the employer instructs the contractor to accelerate work to recover from
delays or meet deadlines, and this causes additional delays.

• Examples:

o Requests for expedited work due to prior delays by the employer

• Compensation: The contractor may be entitled to an EOT and cost compensation if the
acceleration causes delays or impacts efficiency.

7. Weather-Related Delays

• Definition: Delays caused by adverse weather conditions beyond what could reasonably be
expected at the project location.

• Examples:

o Heavy rain, storms, or extreme temperatures impacting construction progress.

• Compensation: EOT may be granted if the weather is beyond normal expectations for the region,
but cost compensation typically depends on contract provisions.

Each EOT claim type requires appropriate documentation, including site logs, schedules, and
communications, to substantiate the claim. Contract terms often dictate whether each delay type is
excusable, compensable, or non-excusable, and may outline specific processes for assessing concurrent
or force majeure delays.

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