Section 12.30 Generally

• Library: Construction Law 2016 Supp

A. (§12.30) Generally

A contractor’s ability to complete a project may be affected by other project participants—e.g., other contractors, the owner’s material suppliers, etc.—whose actions may cause such hindrances to productivity as:

· out-of-sequence work;

· stacking of trades;

· congested work areas;

· shift work; and

· lack of site access.

Instead of stopping the progress on the project, the contractor may attempt to reclaim that lost time through acceleration of its work, resulting in:

· loss of productivity or higher wages;

· increases in material or labor costs because of later performance of the work; or

· increased subcontract costs when the original subcontractors are no longer available to do work in the time frame.

Many studies have been performed on the impact on productivity such delay factors may have, and to discuss this topic in depth would require an additional chapter in this book. For that reason, the following is only a brief description of the possible effects.

“Escalation” is the increased cost attributable to performing the work at a later date than planned. The overall project completion date may not be delayed, but the changed sequence of work could cause escalation. In this event, the increased cost may be recoverable from the party liable for the delay...