![]() Findings – The research presented in this paper concludes that whilst claims for constructive acceleration are unlikely to succeed in an English court on the basis of US law, a claim might be supportable on more orthodox common law grounds. Design/methodology/approach – This paper adopts a " black letter " approach to reviewing the claim of constructive acceleration within the context of English and Commonwealth case law, from the perspective of a claimant contractor. This claim is recognised in the US legal system, but not elsewhere. Purpose – The aim of this paper is to explore the hypothesis that a contractor is entitled to payment for " constructive " acceleration implemented to avoid liquidated damages when denied a warranted time extension request by the employer or certifier under an English law construction contract.
0 Comments
Leave a Reply. |