‘Acceleration’ tends to be bandied about as if it was a term with a precise meaning, but this is not the case.
The Society of Construction Law’s Delay & Disruption Protocol defines ‘acceleration’ in Core Statement 20 of the Protocol, as:
“Where the contract provides for acceleration, payment for the acceleration should be based on the terms of the contract. Where the contract does not provide for acceleration but the Contractor and the Employer agree that accelerative measures should be undertaken, the basis of payment should be agreed before the acceleration is commenced. It is not recommended that a claim for so-called constructive acceleration be made. Instead, prior to any acceleration measures, steps should be taken by either party to have the dispute or difference about entitlement to EOT resolved in accordance with the dispute resolution procedures applicable to the contract (see Guidance Section 1.18).”
On a construction or engineering project, acceleration is where work is carried out more quickly than previously planned. It usually occurs in one of two forms. Firstly, it occurs when a contractor or subcontractor is required to carry out increased, additional or delayed work within the same time period without the benefit of being given an extension of time.
Secondly, acceleration is closely related to disruption. It is only in recent years that standard forms of contract have ...