Early Completion Schedules – Benefits, Risks & Defenses

Presenter (Virtually): James G. Zack, Jr., CCM, CFCC, ECCCS, ECCDA, PMP, FAACE, FGPC, FRICS, FSCCSI

A contractor’s right to complete work early was acknowledged by U.S. Courts in the 1940’s. Delayed early completion claims arose in the 1960’s and have become common in the industry. Such claims remain a controversial issue in the construction industry. Many project owners refuse to accept early completion baseline schedules. Others crafted contractual mechanisms to defeat such claims. But delayed early completion and/or constructive acceleration claims continue to be pursued. The purpose of this presentation is to set forth the background concerning a contractor’s right to complete work early and to examine the contractor’s right to seek an equitable adjustment should their early completion be delayed by action of the owner. The presentation also identifies the potential benefits and risks for both owners and contractors. Additionally, this presentation provides a brief overview of different ways owners can defend against claims oriented early completion schedules.