01-32_GENERALS_SUMMER25_PT - Flipbook - Page 8
ADVOCACY
MITIGATION AND ACCELERATION
What’s the difference and why does it matter?
By CHRISTINA BLACKWELL and ALINA RUDMAN
W
HEN CONSTRUCTION PROJECTS
experience delay and an
extension of time is not
feasible or is unwelcomed
by the owner, the remedy
seems to be simple:
acceleration. Or is it mitigation?
These two words are often used
interchangeably in construction, but they
are not exactly the same. This article will
explore the difference between the two
terms as described by industry schedule
and cost control guidelines, how this is
applied in contracts, and how the courts
have ruled on claims for these costs.
What does the literature say?
Acceleration is the execution of the contracted scope of work faster than originally planned. This may involve additional
resources, additional shifts, or overtime
work. AACE International (Association
for the Advancement of Cost Engineering
International) Recommended Practice
29R-03 defines two different types of
acceleration: directed acceleration and
constructive acceleration.
DIRECTED ACCELERATION: According to the
AACE, directed acceleration occurs when
the owner explicitly instructs the contractor to speed up work.
When a project experiences delay, regardless of the cause, the
contractor has a duty to mitigate the effects of the delay, if it can
do so without incurring significant costs.
8 the generals • SUMMER 2025
Directed acceleration is generally compensable to the contractor, although the
owner and the contractor may disagree on
the associated costs.
CONSTRUCTIVE ACCELERATION: When the contractor makes the decision to speed up the
execution of its work.2 According to the
AACE, constructive acceleration occurs
when five conditions are met:
a). The contractor is entitled to an excusable delay;
b). The contractor requests and establishes entitlement to a time extension;
c). The owner fails to grant a timely time
extension;
d). The owner or its agent specifically
orders or clearly implies completion within a shorter time period that is associated
with the requested time extensions; and
e). The contractor provides notice to the
owner or its agent that the contractor
considers this action an acceleration
order.
If the owner denies an extension
of time claim, the contractor may still
choose to implement constructive acceleration measures to meet project milestones and avoid penalties. If, at project
completion, the contractor claims for the
associated acceleration costs and a judge
or arbitrator rules that the extension of
time claim was justified, the contractor
might recover its acceleration costs.
The contractor may also choose to
accelerate voluntarily. For example, the
contractor may choose to accelerate if it is
behind schedule due to its own delays and
wants to avoid penalties or simply wants
to finish early. In both of these cases, the
contractor is not entitled to recover the
associated costs.
Mitigation is a measure taken by a contractor to reduce or eliminate the effect of
delays already incurred or anticipated to
occur. Mitigation efforts are usually associated with changes in the sequence of
work and, as such, are considered to have
minimal associated costs.
How is this applied contracts?
Standard Canadian contracts often
include language implying or explicitly
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