Construction Delays and Other Claims - Construction Project Scheduling and Control - page 349

2. Unexpected or cannot reasonably anticipated or controlled, and
3. Has a destructive or disruptive effect on the construction process.
The term force majeure is usually used for events that satisfy the criteria just noted
in order to excuse the contractor from certain contractual requirements, such as earth-
quakes, hurricanes, tornados, wars, labor strikes, and acts of sabotage or terrorism.
Other contractual terms with similar meaning include vis major , which has a Latin
origin and means “superior force” and in legal usage is refers to an “act of God.”
In this author's opinion, it is more appropriate to use the term force majeure rather
than “act of God” in this context, because it indicates an event that could not have
been prevented with a reasonable effort. Even though the term “act of God” has been
construed to mean the same thing as force majeure , it might be interpreted differently
according to individuals' religious beliefs or philosophy. In some extreme cases, one
may argue that every action happens in this world is an “act of God,” whether or not
we have control over it or responsibility for it.
TYPES OF DELAYS
With regard to construction schedules, delay events are classified into the following
three types (Bramble and Callahan, 2014, §1.01 [A], [B], and [D]):
1. Excusable delay : An excusable delay entitles the contractor to additional time
for completing the contract work. Excusable delays usually stem from reasons
beyond the contractor's control. These delays are further classified into:
a. Delays that are beyond the control of, and are not the fault of, the owner,
such as those caused by unusual weather conditions, natural disasters (earth-
quakes, floods, hurricanes, etc.), wars or national crises, or labor strikes.
These types of delays most likely entitle the contractor to a time extension
but not to monetary compensation (noncompensable delay). 12
b. Delays caused by the owner or the designer (architect/engineer). These
types of delays typically allow the contractor to recover the costs and time
associated with the delays and are known as “compensable delays.”
2. Nonexcusable delay : By definition, a nonexcusable delay does not entitle the
contractor to either a time extension or monetary compensation. Typically, a
nonexcusable delay is any delay that is either caused by the contractor or not
caused by the contractor but should have been anticipated by the contractor
under normal conditions. Examples of the first type include slow mobilization,
poor workmanship, labor strikes due to unfair labor practices, or accidents on
the project site caused by the contractor's negligence or lack of preparation.
Other examples include late delivery of the contractor's furnished materials and
12 In most cases, the contractor's builder's risk insurance covers such losses.