Constructive acceleration arises when a contractor is compelled to complete the works within the original contract period, despite the presence of excusable delays that would justify the granting of an Extension of Time (EOT). This typically occurs when the employer either delays the approval of the EOT or disputes its entitlement, leaving the contractor with no choice but to mitigate the risk of delay damages by accelerating the works at their own expense.
A common cause of constructive acceleration is the employer’s “Wait and See” approach to EOT claims. Instead of awarding an EOT prospectively based on the predicted effects of a delay event, the employer delays its decision until the actual delay materializes. This deferral of the EOT decision forces the contractor to implement acceleration measures to meet the original completion date, effectively creating an implied instruction to accelerate the works.
Prospective analysis is particularly useful during ongoing projects, especially for addressing straightforward delays or meeting contractually required forecasts.
Methods of Prospective Analysis
Impacted As-Planned (IAP): Adds delay events to the baseline schedule to evaluate their potential impact. Best for simpler, early-stage delays.
Time Impact Analysis (TIA): Incorporates delay event subnetworks into the baseline program and recalculates impacts. Ideal for evolving, long-duration projects.
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