CONSTRUCTIVE ACCELERATION IN THE UAE: A MATTER OF CONTRACT, LAW OR GOOD FAITH? 1
The vagaries of construction works and uncertainties which projects encounter tends to lead to departure from intended plans, making delays common. Projects are successful when performance is complete, the schedule is maintained and budgets are met. Many projects encounter delays, where acceleration is but one means of overcoming delay. Whilst acceleration is well accepted in the industry, constructive acceleration, a more nuanced and less common variation, is seldom recognised outside of the US. Despite construction claims being frequent in the United Arab Emirates, very little has been said of the existence of constructive acceleration, which this essay seeks to address.
Keywords : Acceleration – Constructive acceleration – UAE
“Constructive acceleration” (CA) is a jurisprudential term that connotes the speeding up of works on the inferred or tacitly expressed instructions of an employer. Conceived in America, it is very much still recognised today, 2 despite relatively minor global traction.
This essay examines CA through the case study of the United Arab Emirates (UAE), where construction is considered one of the largest industries, 3 and the existence of CA is uncertain. 4 First, Part I examines the concept of CA. Importantly, the non-existence of prohibitive legislation
* An earlier version of this paper was submitted as part of Construction Law coursework undertaken for the JD at Melbourne Law School, The University of Melbourne.
1 In 2018 this author received a commendation in the Society of Construction Law Australia, Brooking Prize for a variation of this paper.
2 Grenier G., “Acceleration – Between A Rock and A Hard Place” (2009) Construction Law Reports 76, 153–155.
3 Zaneldin E.K., “Construction Claims in United Arab Emirates: Types, Causes, and Frequency” (2006) International Journal of Project Management 24(5), 453–459; United Arab Emirates Ministry of Economy, “Annual Economic Report 2017”, 25th Edition, http://www.economy.gov.ae/EconomicalReportsEn/MOE%20Annual%20Report%202017_English.pdf(last accessed 21 November 2018).
4 Nelson M., Marshall W and Frean A., Global Arbitration Review: Know How: Construction Arbitration: United Arab Emirates (8 August 2017) Global Arbitration Review https://globalarbitrationreview.com/jurisdiction/1004553/united-arab-emirates (last accessed 21 November 2018); C. Larkin, Constructive Acceleration Demands Clear Intentions (18 September 2008) Construction Management Guide, http://cmguide.org/archives/34 (last accessed 21 November 2018).
Pt 1] Constructive Acceleration in the UAE