An Excusable Clause Samples
An Excusable clause defines circumstances under which a party is not held liable for failing to perform its contractual obligations due to specific, justified reasons. Typically, this clause applies to situations such as natural disasters, government actions, or other unforeseen events that are beyond the control of the affected party. Its core practical function is to allocate risk by providing a clear framework for when non-performance is permitted, thereby protecting parties from penalties or breach claims in exceptional situations.
An Excusable. Delay is Compensable when:
1. The delay causes the work to extend beyond the Contract Time, and
2. The delay is caused by circumstances beyond the control of the Construction Manager or its subcontractors, materialmen, suppliers, or vendors, and
3. The delay is caused by an act or omission of the Owner, or of the Architect/Engineer, provided however, delays caused by permitting agencies, whether or not part of DCSB, are Non-Compensable Excusable Delays to the extent that such delays were not caused by the Construction Manager; permitting delays caused by the Construction Manager are non-excusable delays.
An Excusable. Delay shall extend the time for the applicable Party’s performance for as many days beyond the date therefor as is required to obtain removal of the causes of such Excusable Delay and the effects thereof. This provision, however, shall not relieve the Party to which an Excusable Delay is attributable from advising the other Parties of the occurrence of the causes leading to the Excusable Delay or from using its reasonable efforts to avoid or remove such cause(s) and the effects thereof and to continue its performance with reasonable dispatch whenever such cause(s) and the effects thereof are removed.