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Abela, A, Hoxley, M, McGrath, P and Goodhew, S (2013) A comparative analysis of implementation of the Energy Performance of Buildings Directive in the Mediterranean. International Journal of Law in the Built Environment, 5(03), 222-40.
Adshead, J (2009) An integrated approach to water protection and management: the European Union model. International Journal of Law in the Built Environment, 1(03), 234-43.
Agapiou, A (2015) The factors influencing mediation referral practices and barriers to its adoption: A survey of construction lawyers in England and Wales. International Journal of Law in the Built Environment, 7(03), 231-47.
Andrew, M (2011) Contract interpretation: potential for relaxing the exclusionary rule. International Journal of Law in the Built Environment, 3(03), 205–21.
Besaiso, H, Fenn, P and Emsley, M (2016) Alternative dispute resolution in Palestine: the myth and dilemma of construction mediation. International Journal of Law in the Built Environment, 8(03), 269-86.
Brand, M C and Davenport, P (2012) Adjudication in Australia: An analysis of the amendments introduced by the building and construction industry Security of Payment Amendment Act 2010 (NSW). International Journal of Law in the Built Environment, 4(03), 189-202.
Brodie, M (2010) Building information modelling: the UK legal context. International Journal of Law in the Built Environment, 2(03), 246–59.
Brown, L A (2016) The contaminated land regime and austerity. International Journal of Law in the Built Environment, 8(03), 210-25.
Brown, R (2009) Legal incoherence and the extra-constitutional law of regulatory takings: The Canadian experience. International Journal of Law in the Built Environment, 1(03), 179-93.
Calor, I and Alterman, R (2017) When enforcement fails: Comparative analysis of the legal and planning responses to non-compliant development in two advanced-economy countries. International Journal of Law in the Built Environment, 9(03), 207-39.
Charlson, J, Baldwin, R and Harrison, J (2014) Early perceptions of allowing adjudication of oral contracts. International Journal of Law in the Built Environment, 6(03), 233-49.
Connell, A and Mason, J (2015) Isn’t all loss consequential?: A review of recent case law and its relevance to contractual practices within the built environment. International Journal of Law in the Built Environment, 7(03), 176-94.
Crossley, B J (2015) Inter-organisational relationship trust repair: a ranked Delphi study with UK professionals. International Journal of Law in the Built Environment, 7(03), 195-213.
Davenport, P and Brand, M C (2013) The effectiveness of time bar clauses following the high court in decision in
de Silva, C (2014) Educating the chartered surveyor: looking back to look forward. International Journal of Law in the Built Environment, 6(03), 250-70.
Dixon, M (2013) Title by registration or conquest: Interpreting the Land Registration Act 2002 in England and Wales. International Journal of Law in the Built Environment, 5(03), 194-206.
Ekemode, B G, Adegoke, O J and Aderibigbe, A (2017) Factors influencing land title registration practice in Osun State, Nigeria. International Journal of Law in the Built Environment, 9(03), 240-55.
Fox, J V S (2014) Incentives and limits in letters of intent: are they worth the paper they’re written on?. International Journal of Law in the Built Environment, 6(03), 214-32.
Gibbons, T N (2013) Management agreements in multi-unit housing developments: A case study in regulation and remedies. International Journal of Law in the Built Environment, 5(03), 207-21.
Hetherton, T and Charlson, J (2015) When statutes collide: potential recovery of own party adjudication costs. International Journal of Law in the Built Environment, 7(03), 214-30.
Home, R (2017) Deregulating planning control over Britain’s housing stock. International Journal of Law in the Built Environment, 9(03), 193-206.
Home, R (2012) Forced eviction and planning enforcement: the Dale Farm Gypsies. International Journal of Law in the Built Environment, 4(03), 178-88.
Joanna, P and Mike, H (2010) Use of moral theory to analyse the ethical codes of built environment professional organisations: a case study of the Royal Institution of Chartered Surveyors. International Journal of Law in the Built Environment, 2(03), 260–75.
Jorge, A (2013) The subsidiarity rule: the unjust enrichment doctrine in construction law. International Journal of Law in the Built Environment, 5(03), 253-70.
Leshinsky, R (2016) Touching on transparency in city local law making: Experiences from waking up each day in City of Melbourne, Australia. International Journal of Law in the Built Environment, 8(03), 194-209.
Mamutse, B (2016) Environmental liabilities in insolvency – an area ripe for reform?. International Journal of Law in the Built Environment, 8(03), 243-68.
Mansfield, J (2009) The service of notices by commercial property managers in England and Wales: Lessons for property and legal professionals. International Journal of Law in the Built Environment, 1(03), 244-54.
Mason, J (2009) Ethics in the construction industry: the prospects for a single professional code. International Journal of Law in the Built Environment, 1(03), 194-204.
Michael, C B and Philip, D (2011) Proposal for a “Dual Scheme” model of statutory adjudication for the Australian building and construction industry. International Journal of Law in the Built Environment, 3(03), 252–68.
Ní Fhloinn, D (2017) Liability in negligence for building defects in Ireland, England and Australia: Where statute speaks, must common law be silent?. International Journal of Law in the Built Environment, 9(03), 178-92.
Palmer, K (2012) Local authority liability in New Zealand for defective homes. International Journal of Law in the Built Environment, 4(03), 203-16.
Philip, B and Julian, B (2011) New homes and consumer rights: England and Australia compared. International Journal of Law in the Built Environment, 3(03), 269–95.
Ploeger, H and Groetelaers, D (2014) Managing multi-owned, mixed-use developments in The Netherlands: The opinion of professional managing agents. International Journal of Law in the Built Environment, 6(03), 271-85.
Raj, S, Hillig, J B, and Hughes, W P (2009) Responsiveness to change by standard-form contract drafters in the construction industry: a case study of the FIDIC White Book. International Journal of Law in the Built Environment, 1(03), 205-20.
Robert, J M (2010) The teaching of law to non-lawyers: an exploration of some curriculum design challenges. International Journal of Law in the Built Environment, 2(03), 232–45.
Ronan, C (2011) A consideration of recovery of prolongation costs in a construction context. International Journal of Law in the Built Environment, 3(03), 237–51.
Sabri, B K M, Ujang, N, Arif, A M M and Aripin, S (2017) Measures in curbing poor compliance to building control regulation among renovated terrace houses. International Journal of Law in the Built Environment, 9(03), 256-71.
Sidoli del Ceno, J (2014) Compulsory mediation: civil justice, human rights and proportionality. International Journal of Law in the Built Environment, 6(03), 286-99.
Silva, C d (2012) Health and safety: teaching law, educating for prevention. International Journal of Law in the Built Environment, 4(03), 233-46.
Susan, B (2010) Carbon reduction and commercial leases in the UK. International Journal of Law in the Built Environment, 2(03), 218–31.
Wayne Edward, L and Thomas Edward, G (2011) Cost benefit analysis approach to global claims. International Journal of Law in the Built Environment, 3(03), 222–36.
Whaley, A, McAdam, B and Crowe, P (2015) The acceleration dilemma: can English law accommodate constructive acceleration?. International Journal of Law in the Built Environment, 7(03), 248-67.
- Type: Journal Article
- Keywords: contracts; construction; acceleration; delay; claims; constructive
- ISBN/ISSN:
- URL: https://doi.org/10.1108/IJLBE-11-2014-0034
- Abstract:
Purpose – The aim of this paper is to explore the hypothesis that a contractor is entitled to payment for “constructive” acceleration implemented to avoid liquidated damages when denied a warranted time extension request by the employer or certifier under an English law construction contract. This claim is recognised in the US legal system, but not elsewhere. Design/methodology/approach – This paper adopts a “black letter” approach to reviewing the claim of constructive acceleration within the context of English and Commonwealth case law, from the perspective of a claimant contractor. Findings – The research presented in this paper concludes that whilst claims for constructive acceleration are unlikely to succeed in an English court on the basis of US law, a claim might be supportable on more orthodox common law grounds. These include implied instructions under the contract, breach of the contract based on the employer or certifier’s failure to operate the contract, mitigation of damages, unjust enrichment and tortious intimidation. Research limitations/implications – The focus of this paper is placed on English, Unites States, Canadian and Australasian case law. Practical implications – The range of potential legal grounds for constructive acceleration examined in this paper provides a toolkit for practitioners preparing to make or defend constructive acceleration claims. This paper also bring more clarity to a potential legal problem faced by practitioners in circumstances of significant tension and limited time. Originality/value – This paper provides a useful information source for practitioners faced with the prospect of advancing or defending constructive acceleration claims, and it provides a foundation for future related studies examining a wider scope of jurisdictions.
Williams, P (2012) Managing urbanisation and environmental protection in Australian cities: Approaches for integrating biodiversity and urban growth in Sydney. International Journal of Law in the Built Environment, 4(03), 217-32.
Williams, P J and Williams, A M (2016) Sustainability and planning law in Australia: achievements and challenges. International Journal of Law in the Built Environment, 8(03), 226-42.
Xiaojing, Q (2010) The impact of political forces on urban land ownership reform in transitional China. International Journal of Law in the Built Environment, 2(03), 206–17.
Yau, Y (2009) On the proposed private certification of building works in Hong Kong. International Journal of Law in the Built Environment, 1(03), 221-33.