DELAY – To cause the work or some portion of the work to start or be completed later than planned or later than scheduled.

DELAY, COMPENSABLE –

(1) Delays that are caused by the owner's actions or inactions. Contractor is entitled to a time extension and damage compensation for extra costs associated with the delay.

(2) If the delay is deemed compensable the party will be entitled to additional compensation for the costs of delay, as well as additional time for contract performance. However, it is possible for a delay to be compensable without extending the contract performance time. Generally speaking, a delay that could have been avoided by due care of one party is compensable to the innocent party suffering injury or damage as a result of the delay’s impact.

(3) A contractor is entitled to recover for delay costs and a time extension provided that three conditions are satisfied: 1) The delay is caused by the owner or is within the owner’s control; 2) The delay results in additional costs to the contractor; and 3) The contractor has not assumed the risk of delay. Because this entitlement is implied in every contract, it does not need to be expressly stated in the contract.

DELAY, CONCURRENT – Two or more delays in the same time frame or which have an independent effect on the end date. The owner/engineer and the contractor may each be responsible for delay in completing the work. This may bar either party from assessing damage against the other. This may also refer to two or more delays by the same party during a single time period.

DELAY, EXCUSABLE – Any delay beyond the control and without the fault or negligence of the contractor or the owner, caused by events or circumstances such as, but not limited to, acts of God or of the public enemy, acts of interveners, acts of government other than the owner, fires, floods, epidemics, quarantine restrictions, freight embargoes, hurricanes, tornadoes, labor disputes, etc. Generally, a delay caused by an excusable delay to another contractor is compensable when the contract documents specifically void recovery of delay costs.

DELAY, INEXCUSABLE – Any delay caused by events or circumstances within the control of the contractor, such as inadequate crewing, slow submittals, etc, which might have been avoided by the exercise of care, prudence, foresight, or diligence on the part of the contractor.

DELAY, PACING –

(1) Deceleration of the project work, by one of the parties to the contract, due to a delay to the end date of the project caused by the other party, so as to maintain steady progress with the revised overall project schedule.

(2) A delay resulting from a conscious and contemporaneous decision to pace progress of an activity against another activity experiencing delay due to an independent cause.

(3) The consumption of float created by another delay, in performing work on an activity not directly dependent on the progress of the work experiencing the other delay.

EXCUSABLE COMPENSABLE DELAYS – Delays that are caused by the owner's actions or inactions. Contractor is entitled to a time extension and damage compensation for extra costs associated with the delay. See: EXCUSABLE DELAYS; EXCUSABLE NON-COMPENSABLE DELAYS; NON-EXCUSABLE DELAYS; CONCURRENT DELAYS.

EXCUSABLE DELAYS – Delays not attributable to contractor's action or inactions. Excusable delays when founded, entitle contractor to a time extension if the completion date is affected. See: EXCUSABLE COMPENSABLE DELAYS; EXCUSABLE NON-COMPENSABLE DELAYS; NON-EXCUSABLE DELAYS; CONCURRENT DELAYS.

EXCUSABLE NON-COMPENSABLE DELAYS – Delays that are neither contractor's nor owner's fault. The contractor is entitled to a time extension but not to damage compensation. Non-excusable delays, i.e. delays that are caused by the contractor's or its subcontractor's actions or inactions. Consequently, the contractor is not entitled to a time extension or delay damages. On the other hand, owner may be entitled to liquidated or other damages. See: EXCUSABLE DELAYS; EXCUSABLE COMPENSABLE DELAYS; NON-EXCUSABLE DELAYS; CONCURRENT DELAYS.

INEXCUSABLE DELAYS – Project delays those are attributable to negligence on the part of the contractor, which lead in many cases to penalty payments.

NON-EXCUSABLE DELAYS –

1) Delays that are caused by the contractor's or its subcontractor's actions or inactions. Consequently, the contractor is not entitled to a time extension or delay damages. On the other hand, owner may be entitled to liquidated or other damages.

2) A non-excusable delay is one for which the party assumes the risk of the cost and consequences, not only for itself but possibly for the resulting impact on others as well. The concept of non-excusability is used primarily as a defense to requests for time extensions or claims for delay. [10] See: EXCUSABLE DELAYS; EXCUSABLE COMPENSABLE DELAYS; EXCUSABLE NON-COMPENSABLE DELAYS; CONCURRENT DELAYS.

Source: AACE International Recommended Practice No. 10S-90 - Cost Engineering Terminology