If the delay is caused by factors beyond the control of both the Owner and the Contractor, what is the Contractor's remedy?

When a delay occurs due to factors that are beyond the control of both the Owner and the Contractor, the appropriate remedy for the Contractor is to receive a contract extension equal to the loss on the critical path. This is grounded in the principles of contract law and construction management, which recognize that unforeseen circumstances can impact project timelines.

In this context, a contract extension allows the Contractor additional time to complete the project without incurring penalties or liquidated damages that would typically apply for delays blamed on them. The critical path defines the longest stretch of dependent activities and represents the shortest time in which a project can be completed. Therefore, by extending the timeline to account for delays outside of the Contractor's control, the project can be realigned without the need for compromise on quality or performance.

This remedy mitigates risk for the Contractor while ensuring that the project remains viable and on track. It acknowledges the partnership between the Owner and Contractor in a balanced manner, allowing both parties to adjust to unforeseen circumstances without shifting blame or responsibility that would otherwise disrupt contractual obligations.