Construction delays are inevitable. The question is never whether delays will happen but rather who bears the responsibility and what contractual consequences follow. As the architect administering a construction contract, you need to understand the categories of delay, the procedures for granting time extensions, and the financial mechanisms that protect the owner when the contractor finishes late.

Delays fall into two primary categories. Excusable delays are caused by events beyond the contractor's control, such as unusually severe weather, labor strikes, or owner-directed changes. These typically entitle the contractor to a time extension. Non-excusable delays result from the contractor's own actions or failures, such as poor scheduling, insufficient labor, or material procurement mistakes. The contractor bears full responsibility for these.

Within excusable delays, a further distinction matters: compensable vs. non-compensable. When the owner causes the delay (late decisions, delayed site access), the contractor may be entitled to both additional time and additional money. When an act of nature causes the delay, the contractor gets time but usually not money.

Concurrent delays occur when two or more independent delays happen simultaneously, and at least one is the owner's responsibility while another is the contractor's. These situations create the most complex analysis because apportioning responsibility requires evaluating which delay actually controlled the critical path.

Liquidated damages are the predetermined daily amount the owner can assess against the contractor for finishing late. They replace the need to prove actual damages. Under A201, the architect's role is to observe and report on schedule status, not to make legal determinations about delay responsibility.