i-law

International Construction Law Review

CONSTRUCTIVE ACCELERATION IN THE UAE: A MATTER OF CONTRACT, LAW OR GOOD FAITH?1

STEFAN PISLEVIK*

stefan.pislevik@gmail.com

ABSTRACT

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

1. INTRODUCTION

“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


Pt 1] Constructive Acceleration in the UAE

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