LESSON 2 – Contract Delays determine if a delay is excusable. determine if a delay is compensable.

Homework Assignment 1
1. What clauses excuse the contractor’s failure to perform on time due to an act of God or the public enemy?
52.249-8(c) Except for defaults of subcontractors at any tier, the Contractor shall not be liable for any excess costs if the failure to perform the contract arises from causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include

(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.

2. What events stated in these clauses, other than acts of God or the public enemy, would excuse a contractor’s failure to perform on time?
2, 3, 6, 7 and 8

3. Do any of the clauses in #1 entitle the contractor to an adjustment in the terms of the contract? If so what type of adjustment?
??

4. What clauses can the Government use to order a suspension of work or a work stoppage?
52.242-14 and 52.242-15

5. For what types of contracts would each of the clauses in your answer to #4 be used? fixed-price construction or architect-engineer contract is contemplated:
As prescribed in 42.1305(c), insert the following clause in solicitations and contracts when a fixed-price contract is contemplated for supplies other than commercial or modified-commercial items. The clause use is optional when a fixed-price contract is contemplated for services, or for supplies that are commercial or modified-commercial items.
Stop-Work Order, in solicitations and contracts for