Better Roads

September 2013

Better Roads Digital Magazine

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Page 18 of 82

InCourt Court by Brian Morrow Attorney Brian Morrow is a partner in Newmeyer & Dillion LLP and a licensed civil engineer specializing in construction law, incl. road and heavy construction. Fast-Paced Completion Contractor's acceleration claim granted in embassy construction "A cceleration" in construction means to speed up the pace of work resulting from a directive, refusal to extend the contract time or voluntary effort. Acceleration disrupts the contractor because it results in less time to complete the contract work. A court described acceleration as follows: "Acceleration is the process by which the natural or ordinary progress of events is quickened. In the case of a contract, acceleration occurs when the contractor speeds up his work so that he is performing the job at a faster rate than prescribed in the original contract. Commonly, acceleration is achieved by working overtime or working double shifts. Acceleration costs, as claimed by [the contractor], are costs incurred by virtue of acceleration." "Constructive" acceleration involves situations where the contractor requests a time extension that is denied and completes his work within the contract period, and it is later determined the contractor was entitled to an extension. The contractor accelerates his work to avoid the possibility of breaching the contract by late completion and the assessment of liquidated damages. The denial of the time extension is seen as a breach of contract, resulting in liability to pay for the accelerated work. In the recent matter of Fluor Intercontinental d/b/a J.A. Jones International v. Department of State (May 24, 2013), the Civilian Board of Contract Appeals (Board) HTHITNNG D LIG I C E L 800.557.0098 IG BY: GOL GXL Stryker Golight/RadioRay Remote Control or Fixed Portable or Permanent Mount Durable...Versatile...Powerful... GUARANTEED Patent # - 5,673,989 & 5,490,046 - Other patents pending Text INFO to 205-289-3789 or visit Better Roads September 2013 17 InCourt_BR0913.indd 17 8/28/13 2:09 PM

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