In practice, the decision of whether to Expedite, Mitigate or Accelerate a project in delay often comes at a difficult juncture of that project. The decision is often clouded with varying circumstances enfolding the project, usually with time and cost implications. The financial effect of such decision particularly in a heavily geared large construction project affects the business efficacy and relations, as well as posts major risks to the project and the contracting parties. The decision not to do anything, will most certainly lead to the “waiver” of the entitlement to damages as in Mitigation, be it drastic or subtle, effective or not, is required not only at common law, but sometimes expressed as “a pre-condition” in conditions of contract.
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