Payne Hackenbracht & Sullivan

Constructive Acceleration

In M.S.I. Corp., GSBCA No. 2429, 68-2 BCA 7377, at 34,315, relying on earlier authority, the Board set forth the elements of a constructive acceleration:

(1) The contractor has encountered an excusable delay entitling him to a time extension: and

(2) The contractor has specifically requested such an extension from the contracting officer in a timely manner (unless circumstances exist which constitute a waiver of such a timely request); and

(3) The contracting officer failed or refused to grant the extension: and

(4) The contracting officer either (a) expressly ordered the contractor to accelerate the work...or (b) acted in such a way that it was clear that the contracting officer required the contractor to complete within the original contract performance period;

(5) Contractor actually did accelerate performance, thereby incurring excess costs.

(See Acceleration)

(See Delay)