Invariably, issues and unforeseen circumstances arise and result in changes to the scope and cost of a project. The project’s ability to deal with these circumstances depends on the level of pre-project planning, the clarity of risk allocation, the Contract process for claiming cost and time, and, again, relationships. This article focuses on time.

Extension of time (“EOT”) clauses in construction contracts are essential to contractors and principals alike, providing a solution for delays outside a contractor’s control while protecting a principal’s right to liquidated damages and certainty around the completion date. While EOTs are a creature of contract and common across the standard forms in most jurisdictions, the governing jurisdiction of the parties will be relevant in determining the extent of relief available, and the Contractor’s obligation to mitigate delay.

We examine treatment of time in construction projects and how the principle of mitigation affects the extent of relief available across jurisdictions. We also assess the distinction between mitigation and acceleration by contractors (acceleration clauses entitle the Principal to order a variation requiring the Contractor to accelerate works). We will cover this with reference to: