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Government Contracts: Law, Administration and Procedure
Copyright 2017, Matthew Bender & Company, Inc., a member of the LexisNexis Group.

5-37A Government Contracts: Law, Admin & Proc 37A.syn


Compensable Delay


Walter A.I. Wilson;John Cosgrove McBride;Thomas J. Touhey

Chapter Summary


This chapter, Compensable Delay, discusses compensable delay, or delay in the performance of government contracts resulting in an increase in the contractor's cost, and potentially entitling the contractor to recovery of those increased costs. Recovery of those increased costs is a matter of extensive litigation both before the Court of Federal Claims and the Boards of Contract Appeals. Generally speaking, a contractor who has been delayed can recover only its increased costs due to delays if the delays are unreasonable and solely the fault of the government.

This chapter addresses the elements of an action for compensable costs, contract clauses, and the contractor's burden of proof. It also addresses the definition of unreasonable delay and notice requirements. Next, the chapter considers late acceptance of an offer or late approval of a contract, delays in issuing notice to proceed, delayed access to work sites, and government approval delays. Then, the chapter addresses delay in issuing changes, government inspection delays, financial actions of government, the implied duty not to hinder and to cooperate, and early completion and delay damages. Further, the chapter addresses concurrent delays.

Government Contracts: Law, Administration, Procedure (Matthew Bender) features extensive coverage of the law and regulation of the business of government contracting or federal acquisition. Nearly every aspect of government contract law and practice is addressed, with references to the history and policies underlying current principles as well as current references to applicable statutes, regulations and case decisions. Along with certain standard forms published by the government, Government Contracts: Law, Administration and Procedure also contains typical practice forms, including sample filings for use in government contract adversary proceedings in the Federal Courts, the agency boards of contract appeals and the General Accounting Office. It also includes forms for non-adversary use, including those related to industrial security.


Government contracts,public contracts,compensable delay,contractor delay,unreasonable delay,late acceptance,late approval,delayed access to work sites,government approval delays,government inspection delays,concurrent delays


See Chapter 1 for an introduction to the general principles of government contracts. See Chapter 2 for discussion of the interpretation of government contracts. See Chapter 36A for coverage of excusable delay and excusable delay versus compensable delay.


For a complete discussion of all aspects of government contract accounting with particular emphasis on the Federal Acquisition Regulation see Accounting for Government Contracts: Federal Acquisition Regulation (Matthew Bender).

For additional coverage of contract law generally, and exhaustive analysis of all the rules of contract law see Corbin on Contracts (Matthew Bender).

For detailed coverage of all aspects of administrative law and the administrative process, with an emphasis on federal agencies see Administrative Law (Matthew Bender).

For practice oriented coverage of all major aspects of the federal government contracting (procurement) process, citations to key administrative and court decisions, statutes, and regulations, and various forms and exhibits, see Federal Contract Management--A Manual for the Contract Professional (Matthew Bender).

For comprehensive treatment of local government law with current and complete perspectives on municipal corporations, as well as independent local government entities and counties, see Antieau on Local Government Law (Matthew Bender).
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