FAR 52.249-14—Excusable Delays.
Plain-English Summary
FAR 52.249-14, Excusable Delays, explains when a contractor will not be treated as in default for failing to perform on time because the delay was caused by events beyond the contractor’s control and without the contractor’s fault or negligence. The clause addresses the basic excusable-delay standard, gives examples of qualifying causes such as acts of God, government acts, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, and makes clear that default also includes failure to make progress that endangers performance. It also covers subcontractor-caused delays, including the special rule that a prime contractor may still be in default if substitute sources were available, the contracting officer directed purchase from another source in writing, and the contractor failed to comply reasonably. Finally, it sets out the contracting officer’s duty to investigate the facts on request and, if the delay is excusable, revise the delivery schedule subject to the Government’s termination rights. In practice, this clause is important because it allocates schedule-risk fairly, protects contractors from default when truly uncontrollable events occur, and gives the Government a process to verify the cause, extent, and effect of the delay before adjusting contract dates.
Key Rules
Excusable delay standard
A contractor is not in default if the failure to perform arises from causes beyond the contractor’s control and without the contractor’s fault or negligence. The clause applies to both complete nonperformance and failure to make progress that endangers timely performance.
Examples of qualifying causes
The clause lists common excusable causes, including acts of God, acts of the Government in sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather. These are examples, not an exhaustive list, but the contractor still must show the event actually caused the delay.
Subcontractor delays
A delay caused by a subcontractor at any tier can also be excusable if the underlying cause was beyond the control and without the fault or negligence of both the contractor and the subcontractor. However, the prime contractor may still be in default if substitute sources were available, the contracting officer directed purchase from another source in writing, and the contractor did not reasonably comply.
Contracting officer fact-finding
Upon the contractor’s request, the contracting officer must ascertain the facts and extent of the failure. This means the Government must review the circumstances and determine whether the delay fits one of the excusable causes before taking default action.
Schedule revision, not automatic relief
If the contracting officer determines the delay is excusable, the delivery schedule must be revised. The adjustment is still subject to the Government’s rights under the termination clause, so excusable delay does not eliminate all Government remedies or contract administration options.
Construction-specific wording
When the clause is used in construction contracts, the phrase ‘completion time’ is substituted for ‘delivery schedule’ in the last sentence. This reflects that construction performance is measured by completion dates rather than delivery dates.
Responsibilities
Contractor
Perform the contract on time, and if an excusable delay occurs, show that the cause was beyond its control and without its fault or negligence. The contractor should also request a factual determination from the contracting officer and provide supporting information about the cause, duration, and impact of the delay.
Subcontractor
Perform its work and avoid causing delays that are within its control or due to its fault or negligence. If a subcontractor delay occurs, the subcontractor’s conduct and the cause of the delay may be examined to determine whether the prime contractor is excused.
Contracting Officer
Upon request, investigate the facts and extent of the delay, determine whether the failure to perform was caused by an excusable event, and revise the delivery schedule if appropriate. The contracting officer may also issue a written direction to buy from another source when the clause’s subcontractor exception applies.
Government/Agency
Apply the clause consistently, preserve its rights under the termination clause, and evaluate whether the contractor’s delay claim is supported by the facts. The agency must distinguish between excusable delay and contractor-caused delay before taking default action.
Practical Implications
Contractors should document delay events immediately, including dates, weather reports, notices, supplier communications, and mitigation efforts, because the burden is usually on them to show the delay was truly beyond their control.
Not every bad event is excusable; the contractor must prove causation, not just that an event occurred. For example, severe weather only helps if it actually affected performance and the contractor was otherwise diligent.
Subcontractor problems are not automatically excusable. Prime contractors should monitor critical suppliers and be prepared to show that substitute sources were unavailable or that they reasonably complied with any written direction from the contracting officer.
A finding of excusable delay usually leads to a schedule extension, not extra money. Contractors should not assume this clause provides compensation for delay costs unless another contract clause or legal theory applies.
Contracting officers should avoid default action until they have a factual record. Premature default decisions can be vulnerable if the contractor later shows the delay was excusable under the clause.
Official Regulatory Text
As prescribed in 49.505 (b) , insert the following clause in solicitations and contracts for supplies, services, construction, and research and development on a fee basis whenever a cost-reimbursement contract is contemplated. Also insert the clause in time-and-material contracts, and labor-hour contracts. When used in construction contracts, substitute the words "completion time" for "delivery schedule" in the last sentence of the clause. Excusable Delays (Apr 1984) (a) Except for defaults of subcontractors at any tier, the Contractor shall not be in default because of any failure to perform this contract under its terms if the failure arises from causes beyond the control and without the fault or negligence of the Contractor. Examples of these causes are (1) acts of God or of the public enemy, (2) acts of the Government in either its sovereign or contractual capacity, (3) fires, (4) floods, (5) epidemics, (6) quarantine restrictions, (7) strikes, (8) freight embargoes, and (9) unusually severe weather. In each instance, the failure to perform must be beyond the control and without the fault or negligence of the Contractor. "Default" includes failure to make progress in the work so as to endanger performance. (b) If the failure to perform is caused by the failure of a subcontractor at any tier to perform or make progress, and if the cause of the failure was beyond the control of both the Contractor and subcontractor, and without the fault or negligence of either, the Contractor shall not be deemed to be in default,- unless- (1) The subcontracted supplies or services were obtainable from other sources; (2) The Contracting Officer ordered the Contractor in writing to purchase these supplies or services from the other source; and (3) The Contractor failed to comply reasonably with this order. (c) Upon request of the Contractor, the Contracting Officer shall ascertain the facts and extent of the failure. If the Contracting Officer determines that any failure to perform results from one or more of the causes above, the delivery schedule shall be revised, subject to the rights of the Government under the termination clause of this contract. (End of clause)