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Construction Acceleration Claims and Defenses: Strategies for Owners, General Contractors, and Subs

Recording of a 90-minute CLE webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Thursday, November 15, 2018

Recorded event now available

or call 1-800-926-7926

This CLE course will provide construction practitioners with strategies for pursuing, defending and preventing acceleration claims. The panel will discuss the perspectives of owners, general contractors and subcontractors, offer guidance for managing claims, and discuss contractual provisions that can help parties equitably resolve them as projects move forward.


The increasing demand for shorter project durations, complexities in project delivery models, and technology advances in both the construction process and the completed project increase the frequency of acceleration and acceleration claims. Join this webinar to discuss what acceleration is, how and when it most often occurs, and how contracts and the law will allocate its costs and risks.

The seminar will cover voluntary, directed and constructive acceleration, the resulting allocation of costs arising from these types of acceleration, and the interplay between acceleration and delay. Depending on the kind of acceleration, both contractors and owners should know common methodologies for evaluating the acceleration and what must be proven to allocate the acceleration’s costs.

This and more will be covered at the seminar with the intent of providing counsel for owners, general contractors and subcontractors with an understanding of the bases for recovery on acceleration claims, the elements of proof, notice requirements, and the degree to which contract language addresses the issue directly or provides a mechanism for relief.

Listen as our panel of distinguished construction attorneys discusses the most effective strategies for addressing acceleration claims and provides practical guidance on avoiding pitfalls once they arise.



  1. Construction acceleration
    1. Elements of a claim
    2. Available remedies
    3. Notice requirements
    4. Schedule proof – schedule was reasonable and feasible, concurrent delays, etc.
  2. Impact on parties
    1. Owner perspectives
    2. General contractor perspectives
    3. Subcontractor perspectives
  3. Preventing claims
    1. Contract terms
    2. Schedule analysis by a third party to determine validity of schedule, etc.
    3. Practical considerations


The panel will review these and other key issues:

  • How can counsel address claims of acceleration in the absence of clear evidence of inducement?
  • To what extent are upstream parties responsible for damages stemming from acceleration claims by subcontractors and their downstream contractors and suppliers, as well as the downstream liability for delay that causes upstream acceleration?
  • Is insurance coverage available for damages arising from acceleration claims?


Berger, Tymon
Tymon Berger

Berger Construction Law

Mr. Berger represents contractors and owners with construction disputes. A builder turned construction lawyer, he...  |  Read More

Hoey, Grant
Grant J. Hoey

Project Manager
The Vertex Companies

Mr. Hoey currently works for The Vertex Companies doing construction claims consulting. He has previously worked for...  |  Read More

Sebastian, John
John E. Sebastian

Managing Partner
Watt Tieder Hoffar & Fitzgerald

Mr. Sebastian focuses his practice primarily in the areas of surety bond, construction and commercial litigation. With...  |  Read More

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