The Digital Construction Marketplace
Documenting the claim for acceleration on a global scale.
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Constructive acceleration is a well recognized claim in the United States. The Federal Government’s Boards of Contract Appeals long ago created this claim and established the basic rules of entitlement concerning this type of claim. Thus, U.S. based contractors know what must be documented in order to recover in such situations. But when U.S. contractors are working outside the U.S. and are faced with this sort of situation, can they recover in arbitration or litigation in other jurisdictions? This paper examines constructive acceleration in various legal jurisdictions (both common law and civil law) around the world to determine whether a contractor is able to use this type of claim to recover damages.