5.3.1.5.2 Elements of a Constructive Acceleration Claim

• Jurisdiction: Arizona

Most acceleration litigation involves constructive acceleration. To successfully present a constructive acceleration claim, the contractor must prove the following elements:

1. The contractor has encountered a specified, excusable delay for which he is entitled to receive time extensions;

2. The contractor has specifically requested and documented such extensions;

3. There is a failure or refusal to grant the requested time extensions;

4. The contractor was obliged to complete the work within the original contract time, or ahead of the time reflected on a...