Delay
Defined in the standard specifications of 2 state transportation agencies. Each definition below is the agency’s own text, with the section it comes from — they do not all say the same thing, and on a contract the difference is the point.
Definitions are quoted from state-authored public specification books. This page carries no I-Code-derived terms.
Any unanticipated event, action, force or factor which extends the Contractor’s time of performance of any controlling work item under the Contract. The term “delay” is intended to cover all such events, actions, forces or factors, whether s tyled “delay”, “disruption”, “interference”, “impedance”, “hindrance”, or otherwise, which are beyond the control of and not caused by the Contractor, or the Contractor’s subcontractors, materialmen, suppliers or other agents. This term does not include “e xtra work”.
Section 1 — DEFINITIONS AND TERMS →Any event, action, force, or factor that would cause the established Cont ract Time to be exceeded for performance of the Contract. See 108.07. a. Compensable Delay. An excusable delay for which the Contractor may be entitled to compensation. SECTION 101 New Hampshire Department of Transportation Standard Specifications – 2016 1-5 b. Excusable Delay. A delay beyond the Contractor’s control and not caused by the Contractor’s fault or negligence, which the Contractor could not have reasonably foreseen, and for which a Contract or phase time extension may be granted. c. Noncompensable Delay. Excusable delay for which the Contractor may be entitled to an extension of time but no additional compensation. d. Nonexcusable Delay. A delay that was reasonably foreseeable and within control of the Contractor for which no compensation or time extension will be granted.
Section 101 — DEFINITIONS AND TERMS →