Federal subcontractors often assume a force-majeure clause automatically protects them from weather, strikes, epidemics, freight problems, Government action, or supplier failures. The actual protection depends on the clause's causation standard, notice deadline, mitigation duty, and remedy.
A time extension may prevent default while still leaving the subcontractor responsible for its own extended overhead or standby cost. That distinction should be understood before schedule risk is priced.
The federal clause provides a useful excusable-delay framework
FAR 52.249-14 excuses certain failures arising from causes beyond the contractor's control and without its fault or negligence and addresses qualifying lower-tier subcontractor failures. When the contracting officer finds the criteria satisfied, the delivery schedule is revised subject to the contract's termination rights.
Official source: FAR 52.249-14 — Excusable Delays.
Check what the subcontract actually gives you
- Which events qualify as excusable delay?
- Does the clause require the event to be unforeseeable or merely beyond reasonable control?
- How quickly must notice be given and to whom?
- What mitigation and recovery-plan documentation is required?
- Does the subcontract provide only time, or also compensation for added cost?
- Are supplier and lower-tier defaults excused only if substitute sources are unavailable?
Coordinate delay relief with liquidated damages and default
An excusable-delay clause should be read with milestone dates, liquidated damages, termination for default, acceleration, and no-damages-for-delay language. A subcontractor needs to know whether approved time extensions move the dates used to calculate downstream damages.
Document the critical-path effect
The occurrence of a qualifying event does not by itself prove project delay. Preserve schedule updates, affected activities, labor and equipment impacts, supplier communications, mitigation efforts, and the period during which the event actually delayed performance.
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