Construction schedule acceleration is a very common entitlement/ claim type for both owners and contractors to resolve. Acceleration claims are also commonly associated with the avoidance of liquidated damages claims.

The Holloway Consulting Group, LC is an internationally recognized expert in acceleration claims, has prepared and rebutted many such claims and has been accepted on numerous occasions in arbitration and litigation as construction schedule delay and acceleration experts.

DOES YOUR CLAIM SATISFY THESE CONDITIONS?

A contractor’s entitlement to acceleration-related costs typically arises in two different circumstances:

1. Directed Acceleration

Directed Schedule Acceleration typically occurs when specific direction is issued to the general contractor by the owner, or to the subcontractor by the general contractor, under a provision of the contract to complete the work prior to the adjusted or contract completion date.

Directed Schedule Acceleration Claim Requisites

  • The contractor can clearly show that it was entitled to perform to an adjusted completion date.
  • The contractor can clearly show that it added additional resources and incurred additional costs that it would not have otherwise incurred, and achieved or attempted to achieve an earlier completion date solely as a result of excusable/compensable schedule delays.
  • The contractor is not responsible for concurrent nonexcusable delays.
  • 2. Constructive Acceleration

    Constructive Schedule Acceleration is dependent upon the effects of excusable delay on the contractor’s time of performance.

    Constructive Schedule Acceleration Claim Requisites

  • Has the contractor encountered an excusable delay in completing the work?

  • Has the owner (or general contractor as the case may be) refused to grant the extension to which he is entitled?

  • The contractor can clearly show that it added additional resources and incurred additional costs that it would not have otherwise incurred, solely as a result of excusable/compensable schedule delays.
  • If these conditions existed, there may have been constructive acceleration of the contract, since the contractor effectively has less time than entitled to in which to perform the required work.

    CONTACT INFO

    J. Steve Holloway, GC
    The Holloway Consulting Group, LLC
    10885 W. Beloit Pl.
    Lakewood, CO 80227
    Tel: (303) 984-1941
    Email: hollowayconsultinggroup@gmail.com

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