Learn How You Can Perfect a Constructive Acceleration Claim under U.S. Law
Constructive acceleration is a “judge-made law” in the U.S., created by the Boards of Contract Appeals in the 1960s. It was created to establish an equitable remedy for contractor recovery when owners refuse to recognize delay and insist upon “on-time completion” despite owner-caused delays. In the U.S., there is a standard six-part test to prove entitlement to a constructive acceleration claim. Many U.S. contractors have heard of this claim; however, they are not always certain about what must be proven in order to recover such damages.
What’s more: Many U.S. contractors now work overseas, and the constructive acceleration concept is not well accepted in other countries around the globe. Nevertheless, research indicates that, in most countries surveyed, contractors can recover for acceleration-related damages using alternate approaches.
Join this session, where expert speaker James G. Zack Jr., CCM, CFCC, FAACE, FRICS, FFA, PMP will explore potential avenues of recovery for contractors in 20 different countries—and will discuss how contractors can recover using various alternatives to the constructive acceleration claim.
This session will delve into the issues surrounding a constructive acceleration situation and how to recover damages both in the U.S. and internationally. The session will also discuss the concept and the basic tests to prove entitlement to constructive acceleration damages.
- The history of constructive acceleration in the U.S.
- The elements of proof necessary to recover under this claim
- The potential for claim recovery in various countries, including: Australia, Brazil, Canada, China, Colombia, Egypt, France, Germany, Hong Kong, India, Indonesia, Ireland, Malaysia, Oman, Singapore, South Africa, Sri Lanka, Trinidad and Tobago, United Arab Emirates, and the United Kingdom
- The common themes supporting alternate legal theories around the globe
- How to reserve your rights to damages and successfully prosecute a claim—no matter where the project was located
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