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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.

Filing a mechanics lien can be a complicated task if you’re not familiar with the procedure because there’s some very specific items that have to be addressed and timing constraints and making sure that all of the necessary information is complete and accurate. And if some of these elements are missing or in error, it can create a defective lien or create a defense to a lien.

A design defect is essentially where a designer could have reduced or avoided a foreseeable risk by adopting a reasonable alternative, and as a result of not doing so, result of having a product or property that is not reasonably safe to third parties. Obviously, it’s a fact intensive inquiry and open to interpretation. And a good example of this would be an undersized retention pond that results in damage to adjacent properties when there was available historical data on rain events, which would have been foreseeable as a result of that available data.

A manufacturing defect is an imperfection in a product that departs from its intended design, even though all possible care was used during assembly. This means it doesn’t matter how careful the manufacturer was when designing the product, choosing the materials, creating the assembly line and issuing quality assurance guidelines, the product ended up, for some reason, failing its intended purpose. A good example of this would be, when a contamination or a defective or substandard component gets introduced into the product in the manufacturing process.

A product defect is an imperfection in a product that has.  It can be a manufacturing defect or a design defect, which I’ve discussed in other videos, or is because of inadequate instructions or warnings. A good example of this would be instructions that are improperly translated from a foreign language or a product that poses a danger that’s not accurately accounted for or identified in the instruction materials. In addition, an extreme example would be a gas appliance that may be physically defective or lack of warnings and instructions on proper ventilation that results in an injury.

A marketing defect is essentially the failure to adequately warn of a potential risk that is known or should have been known about a product or that is reasonably foreseeable or the failure to adequately instruct the end user as to the product safety.

A delay is simple as being late for whatever reason. And usually the remedy for a delay is additional time, depending on obviously the circumstances behind the delay. However, a disruption is a deviation from the planned method or contracted methods of work, which result in inefficiencies and ultimately greater expense to the project.