Directed acceleration follows an express instruction to expedite. Constructive acceleration arises where the owner denied a warranted time extension and required completion on the original date, forcing the contractor to compress.
Both require proof of actual added cost.
Alternative Names:
Acceleration|Constructive Acceleration Claim
Why it Matters?
Constructive acceleration requires establishing that an excusable delay occurred, that a timely extension request was denied, and that the owner insisted on the original date, which is a four-element chain where any missing link defeats the claim. Contractors that accelerated without requesting an extension first have no claim regardless of the added cost. Overtime premiums, added crews, and lost productivity are the recoverable components.
Frequently Confused with
Related terms
Frequently asked questions
What does constructive acceleration require?
What defeats the claim?
