Both cases in this issue involve the reasonableness of a period of delay. They arise regarding an owner suspension of the work and an exception to the enforceability of a no-damages-for-delay clause.
The federal Suspension of Work clause gives the government the right to suspend work for a “reasonable duration” without any additional compensation to the contractor. Even when a suspension order was clearly justified and expressly contemplated by the contract, the question remained on whether the suspension’s duration became unreasonable.
A well-recognized exception to the enforceability of a no-damages-for-delay clause is delay not contemplated by the parties. Even though delay damages were broadly and effectively disclaimed, the question arose on whether a one-year delay in notice-to-proceed was so unreasonable that it was beyond contemplation.
