I've been told to speed up, at my own cost
The programme has slipped, the pressure is on, and I am being pushed into acceleration without anyone agreeing to pay for it.
Updated: . By Jack Butler-Kettle, Construction Claims Consultant.
What's happening?
A push to speed up, called acceleration, can mean overtime, weekend working, extra gangs or working out of sequence. It rarely arrives as a clear instruction. It comes as a comment in a meeting, a new target on the programme, or pressure to catch up. It may not say on whose authority, what is wanted or who pays.
Whether you get the cost back depends on your subcontract and on what caused the delay. It also depends on what you were asked to do, what else you could have done, and what you can prove you did. Acceleration, mitigation (the steps you take to keep a delay's cost down) and an ordinary catch-up plan are different things. Tell them apart from the facts, not from one remark in a meeting. Being pushed to hold your original date when you should have had more time is often called constructive acceleration.
Speed up on a verbal push and you may carry the cost of every extra gang and Saturday yourself. Later there may be nothing in writing to show who asked. And a cost figure on its own does not prove you are owed the money.
The solution
Before a second gang is booked, write down the finish date wanted, who asked, the measures proposed, on whose authority and who pays. Ask for it in writing the same day. An acceleration record holds all of that on one sheet, with the meeting and programme records behind it. Keep the extra cost and any cost avoided in separate columns from day one.
Delay & Disruption Claim prices the premium against a period that was not accelerated. The premium is what speeding up cost over and above normal working. We take the delay position, and the case for payment, from you or your programmer. We do not assess them ourselves.
Example
Illustrative example. The scenario and figures are invented.
The facts
A steelwork subcontractor's contracts manager is told in a progress meeting that the frame must be finished by the end of the month. That is 2 weeks ahead of the current programme. Before a second gang is booked, the manager fills in an acceleration record.
What happens
- The record sets out the finish date wanted, who asked, and the measures proposed: a second erection gang and Saturday working. It also records the authority behind the request and the payment position. Nothing has been said about payment.
- The same day, a written request for confirmation goes to the main contractor. The reply says the subcontractor is recovering its own delay and nothing will be paid.
- That reply is filed with the meeting minutes and the programme. The decision to go ahead is recorded as the subcontractor's own, taken to protect its position.
- The costs go in two columns. The extra cost is £9,600 for the second gang over 3 weeks and £3,200 in Saturday premiums.
- The cost avoided is £2,000 of crane hire, saved by finishing a week early. That makes the net figure £10,800.
- The cause of the slip goes to a programming expert. The expert later finds the late steel design caused part of it.
The acceleration cost
| Item | Amount |
|---|---|
| Second gang over 3 weeks | £9,600 |
| Saturday premiums | £3,200 |
| Crane hire saved, cost avoided | £2,000 |
| Net figure | £10,800 |
| Agreed at the account | £7,500 |
The outcome
At the account the parties agree £7,500 against the £10,800. The record shows what the money was for.