Constructive acceleration occurs when a project owner requires the contractor to comply with the original completion deadline, even though the contractor has encountered an excusable delay. (To read about the basics of acceleration claims, click here.)
Some courts have held that there are three “essential elements” of a constructive acceleration claim: (1) the contractor encountered an excusable delay, (2) the owner issued an acceleration order, and (3) the contractor incurred additional costs to accelerate its work.
Sometimes there are disputes about whether the owner or prime contractor issued an acceleration order.
Recently, a federal court considered whether a subcontractor adequately alleged a constructive acceleration claim against a prime contractor, which included a discussion of implied acceleration orders.Continue Reading What Is Constructive Acceleration on a Construction Project?