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.
brian.morrow@ndlf.com
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)
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8/28/13 2:09 PM