What is a constructive acceleration claim?
A constructive acceleration claim asks for the cost of speeding up work because the other side refused a fair extension of time. You were told to finish on time, so you paid to do it.
How it arises
A delay happens that is not your fault. You ask for more time. The other side refuses, or does not answer, and still holds you to the old date.
To meet that date you add people, work overtime or buy faster materials. A constructive acceleration claim asks for those extra costs.
What you usually need to show
- A delay that gave you a right to more time.
- A proper extension of time claim, made on time.
- A refusal, or no decision, from the other side.
- A clear instruction or pressure to keep the old date.
- The extra cost of acceleration, with records.
Practical points
The idea is hard to run, because courts and contracts treat it with care. Many contracts have their own acceleration clause, so check yours first.
Record the reasons you sped up. Keep a log of added labour, overtime and plant, and keep the programme before and after. Write to the other side that you are accelerating under protest, and why.
Every Australian state and territory has its own rules on time limits for claims. For example, Queensland has a 6 month window for a payment claim under the BIF Act, or the contract time if shorter.
Related answers
Questions
Do I need to be told in writing to speed up?
Not always, but written evidence helps. Keep any email or minute that shows pressure to hold the old date.
Is acceleration the same as a delay claim?
No. A delay claim asks for time or delay costs. Acceleration asks for the cost of beating the delay.
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