Mold Remediation and Excusable Delay Under Primavera CPM: When Act of God Applies

Understanding Excusable Delay in Primavera CPM

Primavera CPM schedules rely on a network of critical‑path activities. An excusable delay occurs when an event outside the contractor's control forces a postponement of a task without penalty. Common triggers include natural disasters, extreme weather, and unforeseen site conditions. In construction law, such events are often covered by an act‑of‑god clause in the contract, which protects both owner and contractor from liability for delays caused by extraordinary circumstances.

When Mold Becomes an Act of God

Mold growth can be sudden and severe, especially after flooding, high humidity, or water intrusion. If mold appears during a scheduled activity, the contractor must halt work for remediation. Because mold originates from an external environmental factor—often a water event that the contractor did not control—it can be classified as an act of God. The key is proving that mold was not a result of the contractor's negligence and that the delay was unavoidable.

Documenting the Delay

Successful claims require meticulous record‑keeping:

• Site inspection reports noting mold presence, extent, and water source.
• Photographic evidence before, during, and after remediation.
• Expert assessment from a certified mold inspector confirming the need for remediation.
• Remediation logs detailing work performed, hours invested, and materials used.
• Updated Primavera CPM schedule with revised activity dates and durations.

Adjusting the Primavera CPM Schedule

Once mold remediation is documented, the contractor can request a schedule change:

• Identify the affected activity or activities.
• Calculate the new duration based on remediation time and recovery of the site.
• Re‑run the critical‑path analysis to assess ripple effects.
• Submit a change order with the revised CPM and justification.

Contractual Safeguards and Clauses

Most construction contracts include:

• Act‑of‑God clause – defines extraordinary events and the procedure for claiming delays.
• Excusable delay clause – lists events that qualify and the documentation required.
• Force majeure clause – broader protection covering supply chain disruptions and other external shocks.

Practical Tips for Contractors

1. Pre‑contractual due diligence – assess site history for water damage and mold risk.

2. Include mold remediation procedures – specify responsibilities, timelines, and insurance coverage.

3. Maintain real‑time CPM updates – use Primavera's dashboard to flag delays instantly.

4. Engage legal counsel early – ensure the claim meets contractual definitions before submission.

Key Takeaways

Mold remediation can qualify as an excusable delay under Primavera CPM if it stems from an act of God and is properly documented. By following contractual protocols, maintaining rigorous evidence, and adjusting the CPM schedule promptly, contractors can protect their interests and avoid costly penalties.