GLOSSARY TERM  
  Constructive Acceleration  
 
  DESCRIPTION  
  When a Contractor decides to accelerate to meet the Date for Practical Completion due to a failure by the Principal to grant the Contractor an Extension of Time. The decision to accelerate is a commercial decision to incur costs of Acceleration to avoid liquidated damages. In the United States, Contractors have long been able to claim their costs of constructive acceleration where a Principal refuses to grant a legitimate Extension of Time and a recent case in the United Kingdom suggests that Contractors might be entitled to constructive acceleration costs. There has not been an Australian case in which a Contractor has recovered the costs of constructive acceleration purely on that basis. However, there have been a small number of Australian cases in which where the Principal's refusal or failure to grant the Extension of Time was found to be a breach of the Contract and the Contractor was reimbursed for the cost of the Acceleration Costs in the form of damages for breach of Contract.