Voluntary construction schedule acceleration by a contractor is typically not compensable. But, what about those situations (and they are fairly common) where the contractor accelerates the work to overcome BOTH non-compensable AND compensable factors? It seems logical (although we cannot refer you to specific legal authority) that in these situations a portion of the contractor’s extra costs could be non-compensable and a portion compensable.
CONSTRUCTION SCHEDULE ACCELERATION
Claims Experts and Consultants
The question then becomes, “How to allocate or apportion the extra costs between the parties?” Triers of fact have concluded that each party’s contributions to construction schedule acceleration costs can be fairly quantified through a construction schedule impact analysis, based on either the original schedule or subsequent updates. The relative contributions of each party can be determined by impacting the schedule with each party’s impacts, and quantifying the number of days of resultant time extension through a series of simulations.
In Holloway Consulting’s experience as a construction schedule acceleration expert, plaintiff’s have found apportionment more effective than some defendants. For example, in certain circumstances, defense counsel has argued that traditional concurrent delay theory and law should prevail, as compared to opposing arguments more often associated with comparative negligence.
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