Excusable delay

An excusable delay is a delay caused by events beyond the contractor's control for which the contract entitles the contractor to an extension of the Contract Time. The term is the industry's shorthand for the delay categories in GC 6.5 – Delays of CCDC 2 – 2020, the standard stipulated-price contract — and the clause draws a sharper line than the word "excusable" suggests: some excusable delays also pay money, some extend time only, and all of them expire without written notice.

The three tiers in GC 6.5

Time and money — owner-side or authority-caused

Under GC 6.5.1, if the contractor is delayed by the Owner, the Consultant, or anyone they employ or engage (contrary to the contract documents), the Contract Time is extended and the Contractor is reimbursed for reasonable costs incurred. GC 6.5.2 gives the same time-plus-cost treatment for delays caused by a stop work order issued by a court or other public authority, provided the order was not the result of an act or fault of the contractor.

Time only — beyond-control events

GC 6.5.3 covers delays from labour disputes, strikes and lock-outs; fire, unusual delay by common carriers or unavoidable casualties; abnormally adverse weather conditions; and "any cause beyond the Contractor's control other than one resulting from a default or breach of Contract by the Contractor." These are classic excusable delays: the extension of time "shall not be less than the time lost," but the contractor is not entitled to payment for costs unless the delay resulted from actions of the Owner, the Consultant, or people they engaged.

No relief — contractor's own fault

Delays resulting from the contractor's default or breach of contract fall outside GC 6.5 entirely: no extension, no costs, and exposure to the buyer's delay remedies such as liquidated damages.

The notice trap

GC 6.5.4: "No extension shall be made for delay unless Notice in Writing of the cause of delay is given to the Consultant not later than 10 Working Days after the commencement of the delay." For a continuing cause, one notice suffices. In practice this is where entitlement dies — contractors absorb weeks of weather or supply delay, then claim retroactively, and the extension is refused on notice grounds alone.

Why it matters for public-sector bidders

Price the risk you keep

GC 6.5 allocates each delay category explicitly. When you bid on a CCDC-based contract, the weather and beyond-control risk lands on you as time (schedule carry, extended site overhead without direct compensation), while owner-caused and authority-ordered delay is compensable. Bidding the same price for both risk profiles is leaving money on the table.

Read the supplementary conditions

Owners routinely amend GC 6.5 — tightening notice windows, capping weather relief, or adding notice forms. The general conditions set the default; the supplementary conditions set the deal.

Common questions

Is "excusable delay" defined in CCDC 2-2020?

No — it is an industry term of art, not a defined term in the document. The operative rules are the delay clauses in GC 6.5 (6.5.1 through 6.5.5) and the notice requirements attached to them.

What is the difference between excusable and compensable delay?

Excusable = entitles more time. Compensable = entitles money. Under GC 6.5, owner-side and authority-ordered delays are both; beyond-control events like abnormal weather are excusable but not compensable; contractor-caused delays are neither.

Related definitions

Liquidated damages · Notice of suspension of work · Change order