THE BASICS OF CONSTRUCTIVE ACCELERATION

摘要

Constructive acceleration is a well recognized claim in the US. The US 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, US-based contractors know what must be documented in order to recover in such situations. But when US contractors are working outside the US and are faced with this sort of situation, can they recover in arbitration or litigation in other jurisdictions? This article 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. This article was first presented at the 2011 AACE International Annual Meeting as manuscript CDR.521.