unexcused delay

See: laches
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(8) Liquidated Damages for Unexcused Delay. These will be the owner's sole remedy for contractor delay and must be reasonably computed so as to avoid characterization as an unenforceable penalty.
The elements of laches are: unreasonable, unexcused delay in the assertion of a claim (typically the filing of a suit), and prejudice to the defendant resulting from the delay.
In making such observations, the CONSULTANT shall protect the Owner from continuing deficient or defective work, from continuing unexcused delays in the schedule and from overpayment to the Contractor.