FAR 42.1302—Suspension of work.
Plain-English Summary
FAR 42.1302 addresses the government’s authority to suspend work on construction and architect-engineer contracts and the contractor’s remedy when that suspension goes beyond a reasonable period. In practical terms, it covers three core topics: who may order the suspension, the fact that the suspension must be for a reasonable period of time, and the contractor’s right to submit a written claim if the suspension is unreasonable. It is a narrow but important rule because work stoppages can quickly drive up labor, equipment, subcontract, and overhead costs, especially on site-dependent construction and design services. The section also makes clear that the contractor’s recovery is limited to increased costs of performance and specifically excludes profit. This provision helps balance the government’s need to pause work for programmatic or site-related reasons with the contractor’s need for compensation when the government-caused delay becomes excessive.
Key Rules
Applies to construction and A-E contracts
This rule is limited to construction contracts and architect-engineer contracts. It does not create a general suspension authority for all contract types, and its remedy is tied to the special cost impacts common in these two categories.
Contracting officer may order suspension
The contracting officer may direct a suspension of work. The section assumes the suspension is an official government action, not merely an informal request or site disruption.
Suspension must be reasonable
The suspension may be ordered only for a reasonable period of time. If the delay becomes unreasonable, the contractor may seek relief for the added cost caused by the extended stoppage.
Written claim is required
If the suspension is unreasonable, the contractor may submit a written claim. The claim should identify the suspension, the period of delay, and the increased costs attributable to the suspension.
Recovery is limited to cost increases
The contractor may recover increases in the cost of performance caused by the unreasonable suspension, but not profit. The rule is compensatory, not a basis for lost-profit recovery.
Responsibilities
Contracting Officer
May order a suspension of work on a construction or architect-engineer contract and must ensure the suspension is for a reasonable period. If the suspension extends unreasonably, the contracting officer should expect a contractor claim and evaluate it based on increased performance costs, not profit.
Contractor
Must comply with an ordered suspension, track the time and cost impacts, and submit a written claim if the suspension becomes unreasonable. The contractor must support the claim with evidence of increased costs of performance and exclude profit from the request.
Agency
Must manage the underlying reasons for the suspension and coordinate internally so work stoppages are not prolonged unnecessarily. The agency should also preserve records supporting the need for the suspension and any decisions affecting duration.
Practical Implications
Contractors should document standby labor, equipment idling, subcontractor impacts, remobilization, and extended overhead as soon as a suspension is ordered.
The biggest dispute is usually whether the suspension was 'reasonable' in length; that is a fact-specific question, so contemporaneous records matter.
A written claim is essential—informal complaints or schedule updates usually are not enough to preserve recovery rights.
Profit is excluded, so claims should focus on actual increased performance costs rather than anticipated earnings.
Contracting officers should communicate clearly about the expected duration of the suspension and revisit the need for continued stoppage to reduce avoidable delay costs.
Official Regulatory Text
A suspension of work under a construction or architect-engineer contract may be ordered by the contracting officer for a reasonable period of time. If the suspension is unreasonable, the contractor may submit a written claim for increases in the cost of performance, excluding profit.