Delay and disruption - constructive acceleration claims
Atkinson, D.
Delay and disruption - constructive acceleration claims - 2003 - Cost Engineer 41(3) May 2003, 8-10(3) .
Second in a series of articles on delay and disruption. Examines the use of constructive acceleration claims by contractors to try and recover costs incurred due to the uncertainty created by the architect/engineer's failure to grant extensions of time. Accepted in the US courts, such claims have little authority in English law and consequently faces significant legal difficulties. Concludes that, unless it can be established that an instruction to accelerate was given or the constructor was being pressed to keep to the scheduled date irrespective of any possible entitlement to extension of time, a claim for disruption costs would still be possible (See Abs66572 for first article).
BUILDING CONTRACTORS
CONSTRUCTIVE ACCELERATION
EXTENSION OF TIME
DELAY
DISRUPTION CLAIMS
ASCON CONTRACTING LTD V ALFRED MCALPINE CONSTRUCTION (ISLE OF MAN)
LUBENHAM FIDELITIES AND INVESTMENT CO LTD V SOUTH PEMBROKESHIRE DC
PERINI CORPORATION V COMMONWEALTH OF AUSTRALIA
Delay and disruption - constructive acceleration claims - 2003 - Cost Engineer 41(3) May 2003, 8-10(3) .
Second in a series of articles on delay and disruption. Examines the use of constructive acceleration claims by contractors to try and recover costs incurred due to the uncertainty created by the architect/engineer's failure to grant extensions of time. Accepted in the US courts, such claims have little authority in English law and consequently faces significant legal difficulties. Concludes that, unless it can be established that an instruction to accelerate was given or the constructor was being pressed to keep to the scheduled date irrespective of any possible entitlement to extension of time, a claim for disruption costs would still be possible (See Abs66572 for first article).
BUILDING CONTRACTORS
CONSTRUCTIVE ACCELERATION
EXTENSION OF TIME
DELAY
DISRUPTION CLAIMS
ASCON CONTRACTING LTD V ALFRED MCALPINE CONSTRUCTION (ISLE OF MAN)
LUBENHAM FIDELITIES AND INVESTMENT CO LTD V SOUTH PEMBROKESHIRE DC
PERINI CORPORATION V COMMONWEALTH OF AUSTRALIA