APPENDIX A. STATE-BY-STATE SUMMARY OF FORCE MAJEURE PROVISIONS

1. Alabama

STANDARD SPECIFICATIONS FOR HIGHWAY CONSTRUCTION (2022) available at https://www.dot.state.al.us/publications/construction/Specifications.html

Alabama Std. Spec. § 108.09 generally provides for a time extension for delaying circumstances beyond the contractor’s control. It does not specifically identify pandemics, epidemics, or quarantines as potentially excusable events.

2. Alaska

STANDARD SPECIFICATIONS FOR HIGHWAY CONSTRUCTION (2020) available at https://dot.alaska.gov/stwddes/dcsspecs

Alaska Std. Spec. § 108-1.06 provides for a noncompensable time extension for delays from unforeseeable causes beyond the contractor’s control, specifically including epidemics and quarantine restrictions.

3. Arizona

STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION (2021) available at https://azdot.gov/business/contracts-and-specifications/specifications-pay-items-list

Arizona Std. Spec. § 108.08 generally provides for a time extension for delays due to unforeseeable causes beyond the contractor’s control. It does not specifically identify pandemics, epidemics, or quarantines as potentially excusable events.

4. Arkansas

STANDARD SPECIFICATIONS FOR HIGHWAY CONSTRUCTION (2014) available at http://www.ahtd.ar.gov/standard_specifications.aspx

Arkansas Std. Spec. § 108.06(d) generally provides for a time extension for delaying circumstances beyond the contractor’s control. It does not specifically identify pandemics, epidemics, or quarantines as potentially excusable events. A separate provision, Arkansas Std. Spec. § 107.01, requires the contractor to observe and comply with all quarantines.

5. California

STANDARD SPECIFICATIONS (2022) available at https://dot.ca.gov/programs/design/october-2022-ccs-standard-plans-and-standard-specifications

California Std. Spec. § 1-1.07 defines “working day” to exclude any day that the contractor cannot perform work due to unanticipated events not caused by a contracting party, specifically including epidemics and quarantine restrictions.

6. Colorado

STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION (2022) available at https://www.codot.gov/business/designsupport/cdot-construction-specifications/2022-construction-specifications/2022-specs-book

Colorado Std. Spec. § 108.08(c) provides for a noncompensable time extension for delaying circumstances beyond the contractor’s control, specifically including force majeure circumstances. A separate provision, Colorado Std. Spec. § 107.06(a), specifically requires the contractor’s safety plan to address sanitization and protective measures taken during a pandemic.

7. Connecticut

SPECIFICATIONS FOR ROADS, BRIDGES, AND INCIDENTAL CONSTRUCTION (2004) available at https://portal.ct.gov/DOT/IT/ConnDOT-Publications-Manuals

Connecticut Std. Spec. § 1.08.08 generally provides for a time extension for delays due to unforeseeable causes beyond the contractor’s control. It does not specifically identify pandemics, epidemics, or quarantines as potentially excusable events.

8. Delaware

STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION (2020) available at https://deldot.gov/Publications/manuals/standard_specifications

Delaware Std. Spec. § 108.7.B provides for a noncompensable time extension for delays due to unforeseeable causes beyond the contractor’s control, specifically including epidemics.

9. Florida

STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION (202324) available at https://www.fdot.gov/programmanagement/implemented/specbooks/default.shtm

Florida Std. Spec. § 87.3.2 generally provides for a time extension for delays due to unforeseeable causes beyond the contractor’s control. It does not specifically identify pandemics, epidemics, or quarantines as potentially excusable events.

10. Georgia

STANDARD SPECIFICATIONS CONSTRUCTION OF TRANSPORTATION SYSTEMS (2021) available at https://www.dot.ga.gov/GDOT/Pages/TheSource.aspx

Georgia Std. Spec. § 108.07.E generally provides for a time extension for delaying circumstances beyond the contractor’s control. A separate section, Georgia Std. Spec. § 101.04, defines “available day” to exclude any day that the contractor cannot perform work due to causes beyond the contractor’s control, specifically including epidemics and quarantines.

11. Hawaii

STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION (2005) available at https://hidot.hawaii.gov/highways/s2005-standard-specifications

Hawaii Std. Spec. § 108.05(B)(3) provides for a time extension for delaying circumstances beyond the contractor’s control, specifically including epidemics and quarantine restrictions.

12. Idaho

STANDARD SPECIFICATIONS FOR HIGHWAY CONSTRUCTION (2023) available at https://apps.itd.idaho.gov/apps/manuals/manualsonline.html

Idaho Std. Spec. § 108.07 provides for a noncompensable time extension for delays due to unforeseeable causes not caused by a contracting party, specifically including epidemics.

12. Illinois

STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION (2022) available at https://idot.illinois.gov/doingbusiness/procurements/engineering-architectural-professional-services/consultant-resources/standard-specifications.html

Illinois Std. Spec. § 108.08 provides for a time extension only for specific delaying circumstances beyond the contractors’ control, including epidemics (but not quarantines).

14. Indiana

STANDARD SPECIFICATIONS (2022) available at https://www.in.gov/dot/div/contracts/standards/book/sep21/sep.htm

Indiana Std. Spec. § 108.08(a) provides for a noncompensable time extension for delaying circumstances that are not the fault or responsibility of the contractor, specifically including epidemics.

15. Iowa

STANDARD SPECIFICATIONS FOR HIGHWAY AND BRIDGE CONSTRUCTION (2023) available at https://iowadot.gov/specifications

Iowa Std. Spec. § 1108.07 provides for a time extension only for extra work. There is no express remedy for delays due to force majeure circumstances.

16. Kansas

STANDARD SPECIFICATIONS FOR STATE ROAD AND BRIDGE CONSTRUCTION (2015) available at https://www.ksdot.gov/burconsmain/specprov/specifications.asp

Kansas Std. Spec. § 108.6 generally provides for a time extension where the work is delayed due to acts of God. A separate provision, Kansas Std. Spec. § 104.7, provides that delays due to acts of God are noncompensable. Pandemics, epidemics, and quarantines are not specifically identified as acts of God that would warrant a time extension.

17. Kentucky

STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION (2019) available at https://transportation.ky.gov/Construction/Pages/Kentucky-Standard-Specifications.aspx

Kentucky Std. Spec. § 105.13.03 provides that delays due to unforeseeable circumstances that are not the fault or responsibility of the contractor, specifically including epidemics, are excusable.

18. Louisiana

STANDARD SPECIFICATIONS FOR ROADS AND BRIDGES (2016) available at http://wwwsp.dotd.la.gov/Inside_LaDOTD/Divisions/Engineering/Standard_Specifications/Pages/Standard%20Specifications.aspx

Louisiana Std. Spec. § 108.07 generally provides for a time extension for delaying circumstances beyond the contractor’s control. It does not specifically identify pandemics, epidemics, or quarantines as potentially excusable events.

19. Maine

STANDARD SPECIFICATIONS (2020) available at https://www.maine.gov/mdot/contractors/publications/standardspec

Maine Std. Spec. § 109.5.1 provides that delays due to uncontrollable events are excusable. A separate provision, Maine Std. Spec. § 101.2, defines uncontrollable events as those that are unforeseeable at bid time and beyond the contractor’s control, specifically including quarantine restrictions.

20. Maryland

STANDARD SPECIFICATIONS FOR CONSTRUCTION AND MATERIALS (2023) available at https://roads.maryland.gov/mdotsha/pages/sscm.aspx?PageId=853

Maryland Std. Spec. § GP8.08(d) provides for a time extension for delays due to unforeseeable causes beyond the contractor’s control, specifically including epidemics and quarantine restrictions.

21. Massachusetts

STANDARD SPECIFICATIONS FOR HIGHWAYS AND BRIDGES (2023) available at https://www.mass.gov/lists/construction-specifications

Massachusetts Std. Spec. § 8.10 provides for a time extension for delaying circumstances beyond the contractor’s control, specifically including epidemics.

22. Michigan

STANDARD SPECIFICATIONS FOR CONSTRUCTION (2020) available at https://www.michigan.gov/mdot/business/construction/standard-specifications-and-publications

Michigan Std. Spec. § 108.08 provides for a time extension for delays due to unforeseen causes beyond the contractor’s control, specifically including epidemics.

23. Minnesota

STANDARD SPECIFICATIONS FOR CONSTRUCTION (2020) available at https://www.dot.state.mn.us/pre-letting/spec

Minnesota Std. Spec. § 1806.2 provides for a noncompensable time extension for delays due to unforeseeable causes beyond the contractor’s control, specifically including pandemics, epidemics, public health emergencies, and government-ordered quarantines.

24. Mississippi

STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION (2017) available at https://mdot.ms.gov/portal/engineering_standards_guides_manuals

Mississippi Std. Spec. § 108.06.1.3 provides for a time extension for delays due to specific unforeseen circumstances including “abnormal delays caused solely by the State or other governmental authorities, or unforeseeable disastrous phenomena of nature.” Pandemics, epidemics, and quarantines are not specifically identified as circumstances that would warrant a time extension.

25. Missouri

STANDARD SPECIFICATIONS FOR HIGHWAY CONSTRUCTION (2023) available at https://www.modot.org/missouri-standard-specifications-highway-construction

Missouri Std. Spec. § 108.14.1 provides for a noncompensable time extension for delaying circumstances not caused by the contractor, specifically including epidemics and quarantine restrictions.

26. Montana

STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION (2020) available at https://www.mdt.mt.gov/business/contracting/standard-specs.aspx

Montana Std. Spec. § 108.07.4 provides for a noncompensable time extension for delaying circumstances not caused by the contractor, specifically including epidemics and quarantine restrictions.

27. Nebraska

STANDARD SPECIFICATIONS FOR HIGHWAY CONSTRUCTION (2017) available at https://dot.nebraska.gov/media/g4qp4y0d/2017-specbook.pdf

Nebraska Std. Spec. § 108.02 generally provides for a time extension for delaying circumstances beyond the contractor’s control. It does not specifically identify pandemics, epidemics, or quarantines as potentially excusable events.

28. Nevada

STANDARD SPECIFICATIONS FOR HIGHWAY CONSTRUCTION (2017) available at https://www.dot.nv.gov/doing-business/contractors-construction/contract-services/standard-specifications-and-plans

Nevada Std. Spec. § 108.08 provides for a time extension for delays due to unforeseen causes beyond the contractor’s control, specifically including epidemics.

29. New Hampshire

STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION (2016) available at https://www.dot.nh.gov/about-nh-dot/divisions-bureaus-districts/highway-design/highway-standard-specifications

New Hampshire Std. Spec. § 108.07 provides for a noncompensable time extension for delaying circumstances not caused by a contracting party, specifically including epidemics and quarantine restrictions.

30. New Jersey

STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION (2019) available at https://www.nj.gov/transportation/eng/specs/2019/Division.shtml

New Jersey Std. Spec. § 108.11,01 provides for a noncompensable time extension for delaying circumstances not caused by a contracting party, specifically including “epidemic or quarantine restrictions, states of emergency, and State shutdowns.”

31. New Mexico

STANDARD SPECIFICATIONS FOR HIGHWAY AND BRIDGE CONSTRUCTION (2019) available at https://www.dot.nm.gov/infrastructure/plans-specifications-estimates-pse-bureau/standards

New Mexico Std. Spec. § 107.20 provides for a noncompensable time extension for delaying circumstances beyond the contractor’s control, specifically including epidemics and quarantine restrictions.

32. New York

STANDARD SPECIFICATIONS FOR CONSTRUCTION AND MATERIALS (2024) available at https://www.dot.ny.gov/main/business-center/engineering/specifications/updated-standard-specifications-us

New York Std. Spec. § 108-03 generally provides for a time extension for delaying circumstances beyond the contractor’s control. It does not specifically identify pandemics, epidemics, or quarantines as potentially excusable events.

33. North Carolina

STANDARD SPECIFICATIONS FOR ROADS AND STRUCTURES (2018) available at https://connect.ncdot.gov/resources/Specifications/StandSpecLibrary

North Carolina Std. Spec. § 108-10 generally provides for a time extension for delaying circumstances beyond the contractor’s control. It does not specifically identify pandemics, epidemics, or quarantines as potentially excusable events.

34. North Dakota

STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION (2023) available at https://www.dot.nd.gov/dotnet/supplspecs/standardspecs.aspx

North Dakota Std. Spec. § 108.06 provides for a noncompensable time extension for delaying circumstances not caused by a contracting party, specifically including epidemics and quarantines.

35. Ohio

CONSTRUCTION AND MATERIAL SPECIFICATIONS (2023) available at https://www.transportation.ohio.gov/working/publications/spec-book

Ohio Std. Spec. § 108.06 provides for a noncompensable time extension for delaying circumstances not caused by a contracting party, specifically including epidemics.

36. Oklahoma

STANDARD SPECIFICATIONS FOR HIGHWAY CONSTRUCTION (2019) available at https://oklahoma.gov/odot/business-center/construction/construction-engineering.html

Oklahoma Std. Spec. § 108.07 provides for a noncompensable time extension for delaying circumstances not caused by the contractor, specifically including epidemics and quarantine restrictions.

37. Oregon

STANDARD SPECIFICATIONS FOR CONSTRUCTION (2024) available at https://www.oregon.gov/odot/business/pages/standard_specifications.aspx

Oregon Std. Spec. § 00180.50 provides that the contract time excludes days that the contractor cannot perform work due to specific circumstances including acts of God. Pandemics, epidemics, and quarantines are not specifically identified as acts of God that would warrant a time extension.

38. Pennsylvania

CONSTRUCTION SPECIFICATIONS (2020) available at https://www.penndot.pa.gov/ProjectAndPrograms/Construction/Pages/ConstructionSpecifications.aspx

Pennsylvania Std. Spec. § 108.08 provides for a time extension for specific delaying circumstances beyond the contractors’ control. It does not specifically identify pandemics, epidemics, or quarantines as potentially excusable events.

39. Rhode Island

STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION (2023) available at https://www.dot.ri.gov/business/bluebook/index.php

Rhode Island Std. Spec. § 108.07 generally provides for a time extension for delaying circumstances beyond the contractor’s control. It does not specifically identify pandemics, epidemics, or quarantines as potentially excusable events.

40. South Carolina

STANDARD SPECIFICATIONS FOR HIGHWAY CONSTRUCTION (2007) available at https://www.scdot.org/business/standard-specifications.aspx

South Carolina Std. Spec. § 108.6 generally provides for a time extension for delaying circumstances beyond the contractor’s control. It does not specifically identify pandemics, epidemics, or quarantines as potentially excusable events.

41. South Dakota

STANDARD SPECIFICATIONS FOR ROADS AND BRIDGES (2015) available at https://dot.sd.gov/doing-business/contractors/standard-specifications

South Dakota Std. Spec. § 8.7 generally provides for a time extension for delays due to unforeseeable causes beyond the contractor’s control. It does not specifically identify pandemics, epidemics, or quarantines as potentially excusable events.

42. Tennessee

STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION (2021) available at https://www.tn.gov/tdot/tdot-construction-division/transportation-construction-division-resources/2021-standard-specifications.html

Tennessee Std. Spec. § 108.07 provides for a noncompensable time extension for delays due to force majeure circumstances not caused by a contracting party, specifically including pandemics and epidemics.

43. Texas

STANDARD SPECIFICATIONS FOR CONSTRUCTION AND MAINTENANCE OF HIGHWAYS, STREETS, AND BRIDGES (2024) available at https://www.txdot.gov/business/resources/txdot-specifications.html

Texas Std. Spec. Item 8, § 5.5.4 generally provides for a time extension for delaying circumstances beyond the contractor’s control. It does not specifically identify pandemics, epidemics, or quarantines as potentially excusable events.

44. Utah

STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION (2024) available at https://udot.utah.gov/connect/business/standards

Utah Std. Spec. § 00777, pt. 1.4 provides a noncompensable time extension for delays caused by force majeure circumstances (specifically including epidemics and quarantine restrictions) or other unforeseeable circumstances beyond the contrator’s control

45. Vermont

STANDARD SPECIFICATIONS FOR CONSTRUCTION (2024) available at https://vtrans.vermont.gov/highway/construct-material/construct-services/pre-contractspecifications/vermont

Vermont Std. Spec. § 108.11 generally provides for a time extension for delays caused by unforeseen circumstances beyond the contractor’s control. It does not specifically identify pandemics, epidemics, or quarantines as potentially excusable events.

46. Virginia

ROAD AND BRIDGE SPECIFICATIONS (2020) available at https://www.virginiadot.org/business/const/spec-default.asp

Virginia Std. Spec. § 108.04 generally provides for a time extension for delays caused by unforeseen circumstances beyond the contractor’s control. A separate provision, Virginia Std. Spec. § 109.05, provides that delays due to epidemics or quarantine restrictions are noncompensable.