Bridge-builder's contract extended

Bridge-builder Tacoma Narrows Constructors (TNC) will receive a force majeure extension to its schedule of working days to complete the project. Force majeure or 'excusable delay' is a contractural term; it refers to events beyond a contractor's control, and, that ultimately, affect a project schedule.

What exactly is a force majeure event?
Commonly, a  force majeure clause is included in WSDOT contracts and encompasses such events as war, terriorist attacks, unusual weather, earthquakes, public riots, etc. In the case of the Tacoma Narrows Bridge Project, TNC asked the department to accommodate delays to the project schedule due to several storms of unsually cold, windy and wet weather that occurred from November 2006 to January 2007. For an occurrence to qualify as as a force majeure event, it must meet several criteria specified in the contract. A force majeure event must:

• occur as something beyond the contractor's control and ability to prevent
• apply to a project's "critical path" activities (must-accomplish work so that the project can move forward)
• be proven by the contractor that such occurrences meet the contractual requirements

Did the discovery of corroded cable wire play a role in the force majeure determination?
Some members of the community have inquired whether the corroded, unusable cable wire, discovered in the fall of 2005, contributed to WSDOT's decision. In fact, the delays and costs associated with the corroded wire were not a part of the force majeure discussion. This type of delay (schedule interruptions resulting from defective, unsuable materials) does not meet force majeure criteria.

How does this 16-day extension relate to the financial penalities that TNC had been accruing since April 2 (contract's original completion date)
We have heard from people who believe that the force majeure process is one of "giving the contractor money." The fact that the contract allows WSDOT to assess financial penalities against TNC for failing to complete the bridge on time (again, the original schedule) is unrelated to the issue of force majeure. The very same contract allows TNC to use the 'excusable delay' clause to receive an extension. In such contractual discussions, WSDOT is obligated to carefully and fairly consider the evidence and make the right decision.

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