banner ad
Experts Logo

articles

Acceleration Claims on Engineering and Construction Projects

By: Long International, Inc. - Richard Long P.E.
Tel: (303) 972-2443
Email:Long International, Inc.


View Profile on Experts.com.


1. INTRODUCTION

Time is money especially on engineering and construction projects. Because delays in the completion of the project usually result in increased owner, engineer, and contractor costs, the overall time of performance is vital to the financial success of the project. The importance of time is evidenced by the significant role played by CPM schedules, completion dates, and milestones in the bidding and awarding of engineering and construction contracts. The desire to minimize costs and the time of performance often causes the occurrence of acceleration.

This article discusses the following topics:1

  • Types of Acceleration;
  • Key Elements of Acceleration Required by the Courts;
  • Acceleration Claims Outside of the United States;
  • Notice Requirements;
  • The Relevance of the Date When the Time Extension Is Given;
  • Contract Provisions Associated with Acceleration;
  • The Effect of a "No Damage For Delay" Clause on Acceleration;
  • Identifying Acceleration Using the Project Schedules;
  • Documenting Acceleration Evidence; and
  • Acceleration Damages.

2. TYPES OF ACCELERATION

There are three types of acceleration: directed acceleration, constructive acceleration, and voluntary acceleration.

Directed acceleration occurs when the owner or construction manager issues a specific order to its construction contractor under the contract provisions to 1) complete the project earlier than the originally scheduled completion date, 2) re-sequence the work and/or utilize overtime, additional shifts, and/or extra engineering or construction labor, supervision, or equipment to complete the base contract work plus additional or changed work within the original contract time,2 or 3) re-sequence the work and/or utilize overtime, additional shifts, and/or extra engineering or construction labor, supervision, or equipment to make-up for contractor-caused delays that threaten the on-time completion of the project. These measures can result in costs being incurred that would not otherwise have been required.

. . .Continue to read rest of article (PDF).


Long International provides expert claims analysis, dispute resolution, and project management services to the Process Plant Engineering and Construction industry worldwide. Our primary focus is on petroleum refining, petrochemical, chemical, oil and gas production, mining/mineral processing, power, cogeneration, and other process plant and industrial projects. We also have extensive experience in hospital, commercial and industrial building, pipeline, wastewater, highway and transit, heavy civil, microchip manufacturing, and airport projects.

©Copyright - All Rights Reserved

DO NOT REPRODUCE WITHOUT WRITTEN PERMISSION BY AUTHOR.

Related articles

richard_long_photo.jpg

11/25/2020· Construction

Construction Contract Notice Letters

By: Long International

Most construction contracts require written notice for changes, differing site conditions, extra work, or other events which may affect the contractor’s time and cost of performance. The process of giving “notice” is vital to triggering the contract mechanisms that allow the contractor to pursue additional time and cost and to reserve its rights to recover for any unforeseen...

long-international-logo.jpg

9/27/2013· Construction

Discrete Damages/Cost Variance Analysis Method for Quantifying Damages in Construction Claims

By: Long International

The "discrete damages/cost variance analysis method" for quantifying construction claim damages involves the specific distribution of all costs incurred on the project rather than quantifying only certain parts of the cost or damage analysis as may be used in the other methods.

coleman-horowitt-logo.jpg

5/11/2018· Construction

Construction Alert: Bidding On Public Works Projects

By: Darryl Horowitt

The courts have been busy dealing with issues relating to bidding on public works projects. Two recent decisions have been issued: Great Western Contractors, Inc. v. Irvine Unified School District (2010) 2010 DJDAR 13815 and Schram Construction Inc. v. The Regents of the University of California (Southland Industries) (2010) 2010 DJDAR 13398.

;
Experts.com-No broker Movie Ad

Follow us

linkedin logo youtube logo rss feed logo
;