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.