Constructive acceleration is a well recognized claim in the United States. The Federal Government’s Boards of Contract Appeals long ago created this claim and established the basic rules of entitlement concerning this type of 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 paper 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.
Agenda
Faculty
James G. Zack, Jr.
Navigant Consulting, Inc.
- Executive director, Navigant Construction Forum™ – the construction industry’s global resource for thought leadership and best practices on avoidance and resolution of construction project disputes globally
- Former executive director, Corporate Claims Management, Fluor Corporation; vice president, PinnacleOne; and senior construction claims consultant, CH2M HILL, Inc.
- More than 40 years’ experience and is a recognized expert in mitigation, analysis and resolution or defense of construction claims
- Certified forensic claims consultant, a certified construction manager and a project management professional as well as a nationally known author and speaker on construction claims
• Fellow of AACE International, the Royal Institute of Chartered Surveyors and a Fellow of Forensic Analysis from the International Guild of Project Controls
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