Acceleration in construction and engineering contracts

This thesis has been prepared for several categories of intended readers: Supervisors, work colleagues and the construction lawyers. This thesis is centred around acceleration of progress on construction on engineering process and claims for additional cost arising from accelerative actions taken during the course of projects. Working from first principles, and from some case studies, it analyses and draws into one place a consolidated perspective on acceleration working from the three perspectives of construction management, economics and law. An underlying reason for this research was that requests for a contractor to accelerate have become more common over the last twenty years, yet little is available in leading texts on acceleration, whether from a management or economic perspective. Similarly, liability for acceleration has tended to be addressed from limited perspectives, Liability issues merited study within a wider perspective, with special consideration of development of the laws of contract (especially consideration for variations to agreements, as seen in Williams v Roffey) and the law of restitution. This thesis draws together and addresses these issues together from a balanced, multidisciplinary perspective The research found a number of consistent themes: employers tend to engage contractors on the basis of a single date for completion when their businesses may need some sections of work before others; employers enter into agreements, and variations to agreements with little appreciation of the required state of completion; and employers can be led by contractors toward an expensive acceleration based solutions to projects in delays which exposes the employer to significant risk of time and cost overruns. This can divert from the need to deal with why the delays to progress have been recovered at all. On liability issues, the doctrine of construction acceleration, a creation of US federal court systems, has no place under English law. In theory these results suggest a more considered approach is required by employers before engaging acceleration solutions. This involves careful consideration of completion requirements and needs, rather than looking alone at a contractors' programmes and acceleration proposals. The outcome in practice is that parties should structure acceleration deals to suit their needs, considering management, economics and liability issues. It addition, they should check the merits of defences to acceleration claims, to avoid great risk of outturn costs. The benefit for readers, it is hoped, is to provide an appreciation of what drives and finances acceleration, and areas of potential liability, helping to inform considered analytically based Some areas remain unresolved. One area, beyond the scope of this study, is a detailed analysis of acceleration within complex subcontracting arrangements. Equally, application of risk management-based decision-making has not been considered. Finally, a detailed study of treatment of acceleration before the US courts was also thought to be beyond the course end date. The thesis follows law as it stood at June 2004.