Government Contracting Database
The defense of contractor delay requires a showing, by the government, that the contractor delayed the project without fault on the part of the government. Usually, arguments about the responsibility for delay involve a comparison of the as-planned to the as-built schedule and a showing that critical path items were delayed by certain actions, or inactions, by the parties. The contractor should attack the government’s assertions by providing a factual basis to demonstrate that the contractor did not cause the delay, that the delay was excusable, or that the alleged delay was not critical. A delay analysis is vital in asserting the contractor’s defense.
Updated: July 24, 2018