Legal

What is suspension of work in construction?

A suspension of work is an order from the owner, or an owner action, that pauses all or part of the contract work for a period of time, usually with the contractor entitled to time and cost if the owner caused it.

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A suspension of work pauses a job without ending the contract. The owner may order it in writing (a suspension order), or the owner's acts or failures may stop the work in practice: late permits, an unanswered design question, site access that never arrives. Most contracts let the owner suspend for its own convenience and then pay the contractor for the time and extra cost the pause causes.

Suspension is different from a stop-work order used for safety or a code violation, and different from termination. The contract continues. Everyone is expected to come back.

How suspension works on a real job

Say a GC is six weeks into a $4.8 million school addition when the district's funding is held up by a board vote. The district issues a written order suspending all work for 30 days. The GC now has to secure the site, decide whether to demobilize crews and equipment, notify subs, and start tracking cost.

  • Standby costs: idle equipment that cannot leave, site security, temporary power, and fencing.
  • Extended general conditions: superintendent, trailer, and insurance for the added time.
  • Demobilization and remobilization for subs and equipment.
  • Escalation: price increases on material ordered after the pause.
  • Lost productivity when crews come back and restart in a different season.

When the order is lifted, the GC submits a request for an equitable adjustment for time and money, supported by the daily records kept during the pause.

The federal suspension of work clause

On federal fixed-price construction, FAR 52.242-14, Suspension of Work, governs. If the contracting officer's acts, or failure to act within the required time, unreasonably suspend, delay, or interrupt the work, the contract is adjusted for the increased cost of performance, excluding profit. No adjustment is made where the same delay would have happened anyway from another cause, including the contractor's own fault or negligence. The clause bars costs incurred more than 20 days before the contractor notified the contracting officer in writing of the act or failure (that notice requirement does not apply to a suspension order), and requires the claim, with an amount stated, to be asserted in writing as soon as practicable after the suspension ends and no later than final payment.

Private contracts set their own terms. Standard industry forms commonly let the owner suspend for convenience with an adjustment of time and cost, and whether profit on the added cost is allowed depends on the form and what was negotiated. Read your clause, because some private contracts cap or remove those rights entirely.

Common mistakes and disputes

  1. No written notice. Verbal "hold off for a few weeks" from the owner's rep is still a suspension in effect. Put it in writing the same day and ask for a written order.
  2. Poor cost tracking. Set up a separate cost code for the suspension so standby and restart costs do not blend into base work.
  3. Ignoring subs. Your subcontracts need flow-down language so you can suspend them on the same terms, and their claims need to reach you in time to pass up.
  4. Concurrent delay. If the contractor was already behind for its own reasons, the owner will argue the suspension did not add time. Keep a clean schedule update from before the pause.
  5. Claiming profit where the clause excludes it. Under the federal clause, the adjustment excludes profit.

Related terms

See delay claim, excusable delay, extended general conditions, and termination for convenience. Smart Business Automator lets PMs tag time and cost to a suspension event so the adjustment request is built from records, not memory.

Frequently asked questions

Does the contractor get paid during a suspension of work?

Usually the contractor can recover the added cost and time caused by an owner-ordered suspension, but the contract defines what is recoverable. Federal fixed-price contracts exclude profit on the adjustment.

What is the difference between suspension and termination?

A suspension pauses the work and the contract continues. A termination ends the contract, in whole or in part.

How long can an owner suspend work?

The contract controls. Many private forms let the contractor terminate if a suspension runs longer than a stated number of days. Check the termination clause, not just the suspension clause.

Does a contractor have to give notice of a suspension?

Yes, in most contracts. Under FAR 52.242-14, costs incurred more than 20 days before written notice of the owner's act or failure are not recoverable, except where the government issued a suspension order.

Sources

  1. Acquisition.gov: FAR 52.242-14, Suspension of Work
Written and edited by

Maurice Francois writes and edits construction operations guides for Smart Business Automator. More from Maurice on the Scaling Legends podcast.

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