FAR 52.242-17—Government Delay of Work.
Plain-English Summary
FAR 52.242-17, Government Delay of Work, gives the contractor a limited right to an equitable adjustment when the Government, through the Contracting Officer, delays or interrupts performance in ways that are not authorized by the contract or fails to act when the contract requires action within a stated time, or within a reasonable time if no time is stated. The clause covers both cost and schedule impacts: the contractor may recover increased cost of performance, but the adjustment expressly excludes profit, and the contract must also be modified to reflect any changed delivery dates, performance periods, or other affected terms and conditions. The clause also limits recovery by requiring the contractor to show that the delay was not caused by another source, including the contractor’s own fault or negligence, and that no other contract clause already provides or bars an adjustment for the same event. It further imposes strict notice and claim timing rules, including a 20-day lookback limit for costs incurred before written notice and a requirement to assert the claim in writing, with an amount stated, as soon as practicable after the delay ends and no later than final payment. In practice, this clause is a government-caused delay remedy, but it is narrower than many contractors expect because it is tied to Contracting Officer actions or inaction, excludes profit, and depends heavily on prompt written notice and careful documentation.
Key Rules
Government-caused delay only
The clause applies only when performance is delayed or interrupted by an act of the Contracting Officer in contract administration that is not authorized by the contract, or by the Contracting Officer’s failure to act within the time required by the contract or within a reasonable time if no time is stated.
Equitable adjustment for increased cost
If the clause applies, the contractor is entitled to an adjustment for the increased cost of performance caused by the delay or interruption. The adjustment is limited to cost; profit is expressly excluded.
Schedule and term changes required
The contract must be modified in writing to reflect any affected delivery dates, performance periods, or other contractual terms and conditions impacted by the delay or interruption.
No double recovery
No adjustment is allowed to the extent the same delay would have occurred anyway from another cause, including the contractor’s fault or negligence, or if another contract clause already provides or excludes an adjustment for the event.
20-day notice limit
The contractor cannot recover costs incurred more than 20 days before it gave the Contracting Officer written notice of the act or failure to act that caused the delay.
Claim must be timely and stated in amount
After the delay ends, the contractor must assert the claim in writing, state the amount claimed, and do so as soon as practicable, but in any event no later than final payment under the contract.
Responsibilities
Contracting Officer
Avoid unauthorized acts or unreasonable inaction that delay performance; respond within the time specified in the contract or within a reasonable time if no time is stated; and, when the clause applies, execute a written contract modification adjusting cost, schedule, and any other affected terms.
Contractor
Monitor for government-caused delay, give written notice promptly, document the act or failure to act and resulting impacts, segregate costs attributable to the delay, and submit a written claim with a stated amount as soon as practicable after the delay ends and before final payment.
Agency
Support timely contract administration and ensure Contracting Officer actions are taken within required timeframes so that avoidable delays do not trigger equitable adjustments.
Practical Implications
This clause is not a general delay remedy; it is limited to Contracting Officer acts or failures to act, so contractors must identify the specific government action or omission causing the delay.
Prompt written notice is critical. Waiting too long can bar recovery of costs incurred more than 20 days before notice, even if the government was responsible for the delay.
Contractors should document causation carefully because recovery is reduced or denied if the same delay would have happened anyway, or if the contractor contributed to the problem.
The clause excludes profit, so claims should focus on provable increased costs such as labor inefficiency, standby costs, or extended overhead where supportable.
The claim must be asserted before final payment, so contractors should not assume they can wait until closeout to sort out delay impacts.
Official Regulatory Text
As prescribed in 42.1305 (c) , insert the following clause: Government Delay of Work (Apr 1984) (a) If the performance of all or any part of the work of this contract is delayed or interrupted (1)by an act of the Contracting Officer in the administration of this contract that is not expressly or impliedly authorized by this contract, or (2)by a failure of the Contracting Officer to act within the time specified in this contract, or within a reasonable time if not specified, an adjustment (excluding profit) shall be made for any increase in the cost of performance of this contract caused by the delay or interruption and the contract shall be modified in writing accordingly. Adjustment shall also be made in the delivery or performance dates and any other contractual term or condition affected by the delay or interruption. However, no adjustment shall be made under this clause for any delay or interruption to the extent that performance would have been delayed or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an adjustment is provided or excluded under any other term or condition of this contract. (b) A claim under this clause shall not be allowed- (1) For any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved; and (2) Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the delay or interruption, but not later than the day of final payment under the contract. (End of clause)