unexcused delay

See: laches
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Contracts often allow a grace period before liquidated damages commence to accrue, and they can also provide for incrementally higher damages the longer the unexcused delay in obtaining substantial completion continues.
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.