Contract time extensions granted by a LG affecting project costs or liquidated damages shall be subject to the concurrence of TxDOT and will be considered in determining the amount of federal participation.

Events normally considered to be under the control of the contractor and, therefore, do not warrant a time extension include:

(formerly the Federal Aid Policy Guide Non-regulatory Supplement 23 CFR Part 635 Subpart A) provides further guidance on materials delays. The contractor is responsible for the timely order and delivery of materials for the project. A delay in delivery of materials does not in itself generally support an extension of contract time. However, if an unusual market condition (i.e., an industry-wide strike, natural disaster or area-wide shortage) occurs, a time extension may be in order.

Delays due to inclement weather should be expected and should generally not be the basis for a change in contract time. Weather should be factored into the original contract time determination.

Federal policy also covers granting time extensions due to utility, railroad and right-of-way clearance delays. Because of the assurances required from the LG prior to TxDOT project authorization, the policy generally does not permit participation in time extensions for such delays. Whenever the railroad or utility is permitted to adjust its facilities coincidentally with contract operations, such activities must be clearly addressed in the contract provisions. All parties should understand that any interference by the railroad or utility to the contractor's operations generally would not constitute an allowable delay. In general, an extension of contract time due to right-of-way delays is very unusual and is the exception rather than the rule.

The LG must have TxDOT approval of time extensions as described in the .