Constructive Acceleration - At Home & Abroad

Understand constructive acceleration in various legal jurisdictions in the United States and around the world.

Constructive acceleration is a well recognized claim in the United States. Constructive acceleration is judge made law, created by the Boards of Contract Appeals in the 1960's, to establish an equitable remedy for contractor recovery when owners refuse to recognize delay. In the U.S. there is a standard six part test to prove entitlement to a constructive acceleration claim. Thus, U.S. based contractors know what must be documented in order to recover in such situations. But when U.S. contractors are working outside the U.S. and are faced with this sort of situation, can they recover in arbitration or litigation in other jurisdictions? This topic examines constructive acceleration in various legal jurisdictions (both common law and civil law) around the world to determine whether a contractor is able to use this type of claim to recover damages. Notwithstanding the apparent lack of global acceptance, research indicates that in most countries surveyed contractors can recover under such situations. This topic explores potential avenues of recovery for contractors in 20 different countries.