What does the term 'excusable delay' mean in a construction contract?

The term 'excusable delay' in a construction contract refers to a situation where the project schedule is delayed due to unforeseen circumstances that are beyond the control of the contractor. This definition implies that certain events, which were not anticipated during the planning stages of the project, can cause a legitimate delay without penalizing the contractor for circumstances outside their influence.

Excusable delays typically include instances such as natural disasters, unexpected changes in laws or regulations, or delays in material supply due to factors that could not have been predicted. Recognizing such delays as excusable acknowledges that contractors may sometimes face challenges that impede their ability to complete work on time despite their best efforts.

This contrasts with delays resulting from poor planning or management, which do not typically qualify as excusable because they stem from the contractor's decisions and actions. Similarly, delays that arise from issues with subcontractors are often considered a risk that contractors must manage, and thus may not warrant the same consideration as excusable delays. Adverse weather conditions can lead to excusable delays, but only if they are unforeseen and significantly impact the work schedule; consequently, limiting this definition to weather conditions exclusively would not encompass the full range of circumstances considered excusable.