ABSTRACT
Today’s projects tend to follow a familiar pattern. The building is already behind programme, but the sub-contractor is pressurised, against his better judgement, to make a start. Despite the lack of weatherproofing and work faces, it is always a case of ‘jam tommorrow’. And so the poor old subbie gallantly presses on, often on a ‘seek and find’ basis, whilst his original period gently ticks away. Two-thirds through the original period, he has installed one-third of his work scope. Sounds familiar? But now the real fun starts. The builder begins to ‘get his act together’.
Other trades such as ceiling fixers and plasterers are bullied into working weekends. A delayed bulge of work faces becomes available. Our subbie is told that the project completion date must be met. He is told to increase his labour force, and to work weekends, to make up ‘his’ delay, or else! He is reminded of his duties under ‘best endeavours’. If the subbie hasn’t served his delay notices he is now in very big
trouble. Weekend working and doubling of labour strength can cost a fortune. Whilst ‘best endeavours’ certainly implies a willingness to rearrange
activities, and to make all reasonable efforts to prevent or reduce the delay, most textbooks agree that it should not involve substantial expenditure. What is happening is, in fact, ‘hidden acceleration’. It is up to the subbie
to recognise it and address it as such. Those sub-contract conditions that envisage ‘acceleration’ usually provide for prior agreement as to reimbursement. In many other cases, no such provisions exist, and the matter of ‘acceleration’ stands to be discussed as ‘equal parties’ outside the contract.
