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

long-international-logo.jpg

3/12/2018· Construction

Proving the Cause-Effect Linkage

By: Long International

Contractor’s claim submittals and expert reports are often deficient in proving causation, i.e., the cause-effect linkage. These claims generally outline the owner-caused impacts and separately calculate quantum; however, the two are often not linked in any meaningful way. Most claims are settled prior to a decision by a panel, court, or board, and therefore these deficiencies are not made apparent. Yet, a well-prepared claim document which includes a persuasive and accurate causeeffect analysis can greatly improve the contractor’s chances of a successful recovery, either through negotiations or in arbitration/litigation. This analysis is difficult and often costly to prepare, and is therefore not performed in many disputes, which may be the reason why the claims fail.

michael-panish-logo.gif

7/21/2015· Construction

Elder Abuse - It Isn't Always About Physical Abuse

By: Michael Panish

Having recently testified as the door hardware, lock and security expert witness on a very serious elder abuse case involving the rape of a 93 year old resident of a retirement home, I am intimately aware of the potential for physical violence and neglect aimed directly at senior citizens. The following is about a completely different kind of abuse involving our senior population.

stanley-Stephenson-Photo.jpg

5/28/2013· Construction

Assessing Damages Arising From Construction Defects

By: Dr. Stanley Stephenson

Defects that were introduced during construction can lead to classic legal disputes between owners and contractors where considerable sums of money are involved.

;
Experts.com-No broker Movie Ad

Follow us

linkedin logo youtube logo rss feed logo
;