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212 Acceleration

is that it is a Contract change. Like any change to a construction Contract, the


Contractor must show that the acceleration on a Project was a change in accor-
dance with the Contract clauses. After establishing that acceleration was a
change, the Contractor must also show that the acceleration had some definable
effect and resulted in additional costs. The following two examples illustrate the
concept of change, effect, and damages.

EXAMPLE 122
A Contractor planned to perform two five-day activities sequentially that required
different crews and equipment because the work for each activity was in the
same location. To recover a two-day delay caused by the Owner, the Contractor
actually performed the two activities sequentially but with 12-hour workdays,
thus accelerating the work. The Contractor worked each activity four days with
12-hour workdays for a total of eight days, recovering the two-day delay.
The scope of work for the two activities was unchanged, and there was no
delay to the Project. The acceleration was a change because the Contractor
changed its plan and performed the two activities by utilizing longer workdays.
The effect of the acceleration was that each activity required more man-hours
than planned (48 man-hours versus 40 man-hours) and premium rates. The dam-
age would be the premium cost and any measurable inefficiency of the increased
daily man-hours for labor.

EXAMPLE 123
A Contractor planned to perform two five-day activities that required different
crews and equipment sequentially. To recover a five-day delay caused by the
Owner, the Contractor actually performed the two activities at the same time,
thus accelerating the work. The Contractor worked on both activities for five
days, recovering the five-day delay.
The scope of work for the two activities was unchanged, and there was no
delay to the Project. The acceleration was a change because the Contractor
changed its plan and performed the two activities at the same time. The
Contractor was able to complete each activity in the planned duration with-
out additional labor and equipment costs. The acceleration did not affect the
Contractor’s work, did not increase the Contractor’s resources, and did not incur
any increased costs for the Contractor.

WHY IS A PROJECT ACCELERATED?


As indicated previously, a Project is accelerated when there is a need for the
Contractor to complete some portion of the work in less time. The most com-
mon reasons a Project is accelerated relate to money. This includes saving
money by avoiding delay damages or reducing overhead costs. It also includes
making more money by allowing an earlier income from the facility or by free-
ing the Contractor to begin other work. Sometimes, acceleration is required to
meet some other need, such as the early use of the facility or a commitment to

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