An important factor in constructive schedule acceleration is that the construction contractor is compelled to perform more rapidly than required by the original or adjusted schedule, therefore entitling him to recovery under the provisions of the contract. A common way for contractor’s to attempt to show the date to which the contractor is entitled to perform is by performing a construction schedule delay analysis and impacting the as-planned schedule with excusable delays, thereby producing an adjusted completion date. Of course, the absence of non-excusable delays often renders this method invalid.

Constructive Schedule Acceleration

Elements of Schedule Acceleration

1. The contractor has encountered excusable delay that is unforeseeable and beyond his/her control and for which he is entitled to a time extension;

2. The contractor requested a time extension from the owner (or general contractor as the case may be) according to the contract provisions;

3. The request was either refused or not acknowledged by the owner;

4. The owner either (a) expressly ordered completion within the original performance period, or (b) acted in such a way that it was clear that he required the contractor to complete within the original performance period or ahead of the adjusted date;

5. The contractor gave notice to the owner that he considered the actions of the owner to be acceleration; and

6. The contractor actually accelerated the work by adding resources, and incurred additional costs as a result.

In a recent Holloway case, the owner refused to grant a time extension to a construction contractor who had incurred excusable delays due to suspension, and the contract contained a “No Damage for Delay” clause. The Court found that since the plaintiff was entitled to a time extension for the suspension, and the owner’s action in denying the extensions and holding the contractor to the original contract completion date constituted constructive acceleration.

READ MORE HERE ABOUT CONSTRUCTIVE SCHEDULE ACCELERATION. . .

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The Holloway Consulting Group, LLC
Construction Advisers, Managers, Consultants and Experts
12081 W. Alameda Pkwy., #450
Lakewood, CO 80228-2701
Denver Phone: (303) 984-1941
International : (888) 545-0666
Fax: (303) 716-0432

Email: steve.holloway@disputesinconstruction.com
Blog: disputesinconstruction.com
Web: hcgexperts.com

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