Contractor Wins Acceleration Impact Cost
AND the Incentive Payment (1995)1
Executive Summary: The Pennsylvania Department of Transportation (PennDOT) awarded a time sensitive bridge rehabilitation project to a contractor and, within the contract, provided a large daily incentive payment for early completion. PennDOT delayed the project and refused to pay the acceleration claim. PennDOT lost in Pennsylvania court.
Hey Mr. Owner, you can’t have your cake and eat it too! But, in this case, that is exactly what the owner was attempting. Thankfully, their own state court put an end to this bad faith act and equitably awarded the contractor.