Delay claims allocate responsibility for schedule impacts. Excusable delays entitle a contractor to time, compensable delays to time and money, and inexcusable delays neither. Concurrent delay complicates the analysis.

Schedule analysis establishes causation.

Alternative Names:

Construction Delay Claim, Schedule Delay Claim

Why it Matters?

Critical path analysis determines whether a delay actually extended completion, since a delay to non-critical work absorbs float without affecting the end date. That distinction eliminates many claims before the entitlement question is reached. No-damages-for-delay clauses further limit recovery to time extensions in jurisdictions enforcing them, though exceptions for active interference and bad faith are widely recognized.

Frequently asked questions

What determines whether a delay is compensable?

What determines whether a delay is compensable?

Whether it affected the critical path and who bore responsibility, since delay to non-critical work absorbs float without extending completion.

What limits delay damages?

What limits delay damages?

No-damages-for-delay clauses where enforced, subject to exceptions for active interference and bad faith.