Construction Acceleration Claims and Defenses: Strategies for Owners, General Contractors, and Subs

The increasing demand for shorter project durations, complexities in project delivery models, and technology advances in both the construction process and the completed project increase the frequency of acceleration and acceleration claims. Join this webinar to discuss what acceleration is, how and when it most often occurs, and how contracts and the law will allocate its costs and risks.

The seminar will cover voluntary, directed and constructive acceleration, the resulting allocation of costs arising from these types of acceleration, and the interplay between acceleration and delay. Depending on the kind of acceleration, both contractors and owners should know common methodologies for evaluating the acceleration and what must be proven to allocate the acceleration’s costs.

This and more will be covered at the seminar with the intent of providing counsel for owners, general contractors and subcontractors with an understanding of the bases for recovery on acceleration claims, the elements of proof, notice requirements, and the degree to which contract language addresses the issue directly or provides a mechanism for relief.

Listen as our panel of distinguished construction attorneys discusses the most effective strategies for addressing acceleration claims and provides practical guidance on avoiding pitfalls once they arise.

1. Construction acceleration
   1. Elements of a claim
   2. Available remedies
   3. Notice requirements
   4. Schedule proof – schedule was reasonable and feasible, concurrent delays, etc.
2. Impact on parties
   1. Owner perspectives
   2. General contractor perspectives
   3. Subcontractor perspectives
3. Preventing claims
   1. Contract terms
   2. Schedule analysis by a third party to determine validity of schedule, etc.
   3. Practical considerations

The panel will review these and other key issues:

• How can counsel address claims of acceleration in the absence of clear evidence of inducement?
• To what extent are upstream parties responsible for damages stemming from acceleration claims by subcontractors and their downstream contractors and suppliers, as well as the downstream liability for delay that causes upstream acceleration?
• Is insurance coverage available for damages arising from acceleration claims?