As a subcontractor, we have been instructed to work additional hours to mitigate delays. The contractor has also raised it is a CE.
Can this be viewed as Acceleration?
Acceleration is bringing forward Completion Date to meet an earlier date. The Contractor can instruct a quote but then can not make their own assessment of the Subcontractor acceleration quote - they take it or leave it.
Here it sounds like they are instructing to speed up to bring forward your planned Completion to meet the original Completion Date so would be a CE rather than acceleration. The fact they have said it is a CE means obviously they agree you running late is not your liability.
Hi Glenn, please can you clarify, as i still see that as acceleration?- if you are in excusable delay, presumably you would insist on a CE being implemented revising the Completion Date? Then any instruction to provide resource to speed up would be Acceleration?? otherwise how do you protect your terminal float and associated value?
Not sure what you mean by an “excusable delay” which is not a contractual phrase. However, if the reason the Contractor is running late is due to a compensation event which has pushed planned Completion past Completion Date, then yes there should be a CE to move Completion Date out, and then a separate acceleration quote to then potentially (if quote is accepted) bring Completion Date earlier. The two should not be merged (although some Clients will try).