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Federal construction contracts address government-related delays through different clauses, not one catch-all rule. For fixed-price construction and architect-engineer contracts, FAR 52.242-14, Suspension of Work, is the clause specifically prescribed for written Government suspension orders and certain unreasonable suspensions or delays. FAR 52.249-10 addresses whether a qualifying delay excuses late performance from default consequences, while FAR 52.242-17 covers certain unauthorized contracting-officer acts or failures to act when it applies. The right clause—and whether it provides time, money, or both—depends on the contract’s terms, the facts, and documented causation.
This guide uses the U.S. federal FAR as its baseline. State, local, private, and non-U.S. contracts may use different language. The FAR pages cited here displayed FAC 2026-01, effective March 13, 2026; check the contract’s incorporated text and applicable dispute procedures before relying on a clause.
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Start with the event and the contract language. A written order to stop or slow work, an unauthorized administrative act or failure to act, and an otherwise excusable delay are different situations. They may implicate different clauses and produce different remedies.
| Clause | Typical trigger | Potential effect | Key limit or notice point |
|---|---|---|---|
| FAR 52.242-14, Suspension of Work | Written contracting-officer order suspending, delaying, or interrupting work; or certain unreasonable administrative suspension, delay, or interruption | For qualifying increased performance costs, an adjustment excluding profit; the clause also provides for a written contract modification | Written claim in a stated amount as soon as practicable after the interruption ends and no later than final payment. A 20-day cost lookback applies to certain claims, but not to a claim resulting from a suspension order. |
| FAR 52.249-10, Default (Fixed-Price Construction) | Delay from an unforeseeable cause beyond the contractor’s control and without its fault or negligence, including qualifying Government acts | Potential extension of contract time and protection from default termination or delay damages under the clause; not an automatic cost award | Written notice of the cause to the contracting officer within 10 days from the beginning of the delay, unless the officer extends the period |
| FAR 52.242-17, Government Delay of Work | Specified unauthorized contracting-officer act in contract administration, or failure to act within a stated or reasonable time | Potential adjustment for increased performance cost, excluding profit, and adjustment of affected dates and other terms | Written claim in a stated amount as soon as practicable after the delay ends and no later than final payment; a 20-day cost lookback applies |
The table is a starting point, not a conclusion about entitlement. FAR 52.242-14 is the construction suspension clause prescribed for fixed-price construction and architect-engineer contracts. FAR 52.242-17 is not a general construction stop-work clause, and its availability depends on the contract and the nature of the delay.
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What does the Suspension of Work clause cover?
FAR 52.242-14 expressly addresses a contracting officer’s written order to suspend, delay, or interrupt all or part of the work for a period the officer considers appropriate for Government convenience. The clause says the contracting officer may issue such an order in writing. A contractor should distinguish that ordered suspension from a project slowdown caused by some other Government action or inaction.
The clause also addresses an unreasonable suspension, delay, or interruption resulting from a contracting-officer act in contract administration, or from the officer’s failure to act within a contract-specified time or, when none is specified, a reasonable time. If that conduct necessarily increases the cost of performance, the contractor may be entitled to an adjustment for the increased cost, excluding profit, through a written contract modification.
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FAR 42.1305 directs contracting officers to insert FAR 52.242-14 when a fixed-price construction or architect-engineer contract is contemplated. Confirm that the clause appears in the actual contract and review any modifications. The clause’s prescribed use does not establish that every contract, every delay, or every cost is covered.
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When is a government-caused delay excusable under FAR 52.249-10?
FAR 52.249-10 is the fixed-price construction default clause. It can protect a contractor from termination for default or delay damages when late performance results from an unforeseeable cause beyond the contractor’s control and without its fault or negligence. The clause lists acts of the Government in either its sovereign or contractual capacity among possible causes.
This is primarily a time-and-default protection, not a promise to reimburse delay costs. If the contracting officer finds the cause and extent of delay warrant relief, the officer may extend the completion time. The clause also states that the contractor’s right to proceed will not be terminated, nor will the contractor be charged damages under the clause, for qualifying delay. The contracting officer’s findings are final and conclusive subject to appeal under the contract’s Disputes clause.
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Does FAR 52.242-17 apply to a construction suspension?
Not simply because Government conduct delayed the project. FAR 52.242-17 concerns a contracting officer’s act in contract administration that is not expressly or impliedly authorized by the contract, or a failure to act within a specified or reasonable time. When its conditions are met, it provides for an adjustment—excluding profit—in increased performance cost caused by the delay, along with adjustments to affected delivery or performance dates and other contract terms.
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The clause excludes delay that would have occurred from another cause, including contractor fault or negligence, and delay already adjusted or excluded under another contract term. It also does not authorize the contracting officer to order a suspension. FAR 42.1304 describes the clause as a means for administrative settlement of certain claims and says it does not apply when another contract provision specifically provides an equitable adjustment for the delay, such as an applicable Changes clause.
FAR 42.1305 prescribes FAR 52.242-17 for fixed-price contracts for noncommercial or non-modified-commercial supplies, and makes it optional in specified service or commercial-product cases. Those prescriptions are why it should not be presented as the ordinary construction suspension clause. For fixed-price construction and architect-engineer contracts, FAR 52.242-14 is the specifically prescribed suspension clause. Check the contract’s type and incorporated text before relying on FAR 52.242-17.
How do the notice and claim deadlines differ?
Deadlines depend on the clause and the event that triggers them. In particular, the 10-day notice under FAR 52.249-10 is not interchangeable with the 20-day cost lookback and claim requirements in FAR 52.242-14 and FAR 52.242-17.
- FAR 52.249-10: Give the contracting officer written notice of the delay’s causes within 10 days from the beginning of the delay, unless the officer extends the period. The contracting officer then ascertains the facts and extent of delay and decides whether a time extension is warranted.
- FAR 52.242-14: For covered claims, costs incurred more than 20 days before written notice of the relevant act or failure to act generally are not allowed. That lookback limit does not apply to a claim resulting from a suspension order. Assert the claim in writing, state the amount, do so as soon as practicable after the suspension, delay, or interruption ends, and submit it no later than final payment.
- FAR 52.242-17: Costs incurred more than 20 days before written notice of the contracting officer’s act or failure to act generally are not allowed. The written claim must state an amount, be asserted as soon as practicable after the delay ends, and arrive no later than final payment.
- FAR 52.243-4, Changes: For a qualifying change, the clause generally requires assertion of an adjustment within 30 days after receipt of a written change order or furnishing the required written notice, unless the Government extends the period. No proposal is allowed after final payment.
- FAR 52.236-2, Differing Site Conditions: The contractor must promptly notify the contracting officer in writing before disturbing a materially different subsurface or latent physical condition, or an unusual unknown physical condition. The clause has notice and final-payment limits.
These are different triggers and requirements, not a single universal deadline. Read the full clause and contract procedures promptly when a delay begins; waiting until the schedule impact or final account is settled can jeopardize recovery. A timely notice also does not itself establish entitlement: causation, scope, and the contract’s other clauses still matter.
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What other clauses may govern a delay?
A Government-related event may fit a different contract mechanism or more than one factual description. Before framing a request under a delay clause, check whether a more specific provision governs the event and whether the contract permits or excludes an adjustment under another clause.
FAR 52.243-4, Changes, can provide an equitable adjustment when a qualifying change increases or decreases the cost or time required for performance. It covers written change orders and certain other orders treated as changes when the contractor gives the required written notice. A direction that alters the work may therefore need to be analyzed as a change rather than treated only as a delay.
FAR 52.236-2, Differing Site Conditions, addresses materially different subsurface or latent physical conditions and unusual unknown physical conditions. Prompt written notice before disturbing the condition is important. If the condition materially differs and affects cost or time, the clause provides for an equitable adjustment subject to its notice and final-payment limits.
FAR 52.249-14, Excusable Delays, is prescribed for certain cost-reimbursement, time-and-material, and labor-hour contracts, with construction wording specified in its prescription. Its standard requires a failure to perform to arise from causes beyond the contractor’s control and without fault or negligence, with Government acts among the examples. Do not assume it applies to a particular construction contract: check its contract type, incorporated text, and interaction with more specific clauses.
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How should a contractor document a government-caused construction delay?
Build a contemporaneous record that ties the specific Government action or inaction to the affected work, schedule, and cost. The clauses require relevant notice and causation, and they exclude some delays or costs attributable to other causes; documentation helps establish what happened and when.
- Identify the governing contract. Confirm jurisdiction, contract type, incorporated clauses, modifications, notice addresses, and the applicable dispute process. Do not assume the federal FAR governs a state, local, private, or non-U.S. project.
- Describe the event precisely. Record the contracting-officer order or action, or the required decision or response that did not occur. Note when the event began and ended, which work activities it affected, and whether the direction was written.
- Track schedule effects. Preserve the relevant schedule updates and explain which activities were affected and how the event affected contractual dates or the critical path. Separate the Government-related event from concurrent or independent causes.
- Give clause-specific written notice. Use the applicable clause’s trigger, deadline, recipient, and delivery method. In particular, do not confuse the 10-day notice for FAR 52.249-10 with the 20-day cost lookback and stated-amount claim requirements in FAR 52.242-14 or 52.242-17.
- Preserve cost and project records. Keep daily reports, correspondence, instructions, schedules, cost records, mitigation actions, and relevant subcontractor notices. These are practical records to support the facts; they do not replace the clause’s formal requirements.
- Check for overlap. Review the Changes clause and other applicable provisions to determine whether they govern the event or provide, limit, or exclude an adjustment. Do not seek duplicate recovery for the same impact.
- Submit the claim on time. For clauses with a final-payment cutoff, do not wait until after final payment. Follow the contract’s claim and appeal procedures and state the amount when the clause requires it.
A useful claim record separates three questions: what the Government did or failed to do; how that conduct caused a particular delay or cost; and which contract provision supplies the requested remedy. A request for an extension may be supported even when the facts do not establish compensable added cost, and a cost request may fail if another cause would have produced the same impact.
What should a contractor conclude before claiming relief?
Government involvement alone does not guarantee more time or money. FAR 52.242-14 is the central prescribed suspension clause for fixed-price construction and architect-engineer contracts; FAR 52.249-10 may excuse qualifying delay from default consequences; and FAR 52.242-17 addresses a narrower category of unauthorized administrative acts or failures to act when incorporated and applicable.
Before asserting entitlement, match the event to the actual contract clause, meet its notice and claim deadlines, account for other causes, and document the schedule and cost effects. The contract’s incorporated language and the facts determine whether the result is a time extension, a cost adjustment, protection from default, or no relief.
Frequently Asked Questions
Does a Government stop-work order automatically change the construction completion date?
No. An order and its schedule consequences should be evaluated under the contract, including any applicable time-adjustment terms. Record the affected work and seek the contractual determination or modification rather than assuming the date moved automatically.
Can I claim under FAR 52.242-17 if it is not listed in my contract?
Do not assume so. The clause’s prescribed use depends on contract type, and its terms must be checked against the contract actually awarded and modified. FAR 42.1304 also limits its use where another contract term specifically supplies an equitable adjustment.
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Does FAR 52.249-14 apply to every federal construction contract?
No. Its prescription addresses certain cost-reimbursement, time-and-material, and labor-hour contracts, with construction wording specified in the FAR. Review the contract type and incorporated clause instead of treating it as a universal construction-delay rule.
