Essentially the Difference Between the Two of Them Is Foreseeability
Video Transcribed: Attorney Brian Carter with the TulsaConstructionLawyer.com. In this video I’m going to talk about the difference between inexcusable and excusable delay. Essentially the difference between the two of them is foreseeability.
An inexcusable delay results from a foreseeable act, whereas an excusable delay is a result of an unforeseeable act. Essentially an excusable delay would be a delay that is caused by one of the parties to the contract, or an event that was foreseeable.
An excusable delay, again is an unforeseeable delay, and that would include something like severe weather, or strike, acts of God, to name a few. Within the excusable delay there’s delays that are compensated and delays that are uncompensated.
Again that kind of hinges on the foreseeability aspect of the delay. Compensable delay, and depending on which side of the equation you find yourself on, is when a contractor, subcontractor can recover damages and get more time to complete the project, whereas a non compensable delay would be an unforeseeable event where a contractor would be entitled to additional time but not additional money.
Again, the best example would be a severe weather event. Brian Carter, TulsaConstructionLawyer.com. Thanks for watching.