Ankura is a corporate sponsor of the Section of Litigation. Neither the ABA nor ABA entities endorse non-ABA products or services. This article should not be construed as an endorsement.
Construction contractors have the obligation under U.S. common law to attempt to mitigate owner-caused delay. Yet, when mitigation is implemented by contractors, they often find that during their mitigation efforts, they have lost track of the additional delays, impacts, and cost to the project in an effort to complete the project on schedule. This article explores important points to remember when implementing mitigation measures and offers considerations regarding preserving claims and collecting the data needed to support claims. It also provides markers to preserve and identify claims when mitigation efforts are unsuccessful or turn into acceleration efforts.