Delay Classification & Claims
Non-Excusable Delay
A non-excusable delay is caused by the contractor's own fault or within its own control -- entitling it to neither a time extension nor additional compensation, and potentially exposing it to liquidated damages.
Definition
Poor productivity, inadequate crew sizing, defective work requiring rework, and failure to properly coordinate subcontractors are all typically treated as non-excusable causes -- risks the contractor bears under most standard contract forms, since they're within its own control. A delay analysis often has to separate genuinely excusable causes from non-excusable ones occurring in the same period, which is exactly the kind of question a concurrent-delay analysis or a windows analysis is built to answer.
Example
A contractor's own understaffed electrical crew falls behind schedule during a period with no identifiable owner-caused or weather-related delay -- a straightforward non-excusable delay the contractor bears the schedule and cost consequences of alone.