Claims & Delay Analysis
Constructive Acceleration
Constructive acceleration is a claim theory in which a contractor that was entitled to a time extension, but was refused it, speeds up the work to meet the original date and seeks the cost of doing so.
Definition
The theory is generally described as having several elements: an excusable delay that entitles the contractor to more time, a timely request for that time, a denial of the request, and an order or expectation to finish by the original date, followed by the contractor actually incurring extra cost to do so. Whether and how the doctrine applies -- and what notice and proof are required -- varies by jurisdiction and by contract, so this is a general description, not legal advice. Schedule analysis contributes by showing whether the delay was excusable and how much time the contractor was actually entitled to.
Example
An owner-caused delay would have justified a 30-day extension; the request is denied, the contractor adds a second shift to hold the original completion date, and later claims the added labor cost.