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CONSTRUCTION SCHEDULE ACCELERATION | PROVIDING NOTICE

To preserve his/her rights in a construction schedule acceleration claim, the general contractor (or construction subcontractor, as the case may be) should provide timely written notice within the terms of the contract of any excusable delay, and also meet any requirements for notice of acceleration, whether ordered or constructive.

A noteworthy element in these notice provisions is that the other party may not be held to have constructively accelerated the work if he did not have the opportunity to grant an extension for the excusable schedule delay.

Construction Schedule Acceleration

PROVIDING CONTRACTUAL NOTICE

These notice requirements also serve the following purposes:

* They warn the other party that it is incurring an additional obligation;

* They permit the other party to take alternative action in order to avoid or reduce the cost of schedule acceleration; and

* They establish that the contractor is not performing the schedule acceleration voluntarily.

The contractor’s entitlement to construction schedule acceleration is sometimes valid in the absence of notice on those occasions where the contractor can show that the owner could not or would not have granted a time extension, even with notice.

READ MORE HERE ABOUT CONSTRUCTION SCHEDULE ACCELERATION. . .

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The Holloway Consulting Group, LLC
Construction Advisers, Managers, Consultants and Experts
12081 W. Alameda Pkwy., #450
Lakewood, CO 80228-2701
Denver Phone: (303) 984-1941
International : (888) 545-0666
Fax: (303) 716-0432

Email: steve.holloway@disputesinconstruction.com
Blog: disputesinconstruction.com
Web: hcgexperts.com

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