ABSTRACT

The Contractor should be politely reminded as to the origins of the delay and of the Subcontractor's entitlements to extension of time. The extent and nature of possible 'special measures' should be discussed and agreed at this stage, as should the vital matter of payment. What is happening is, in fact, 'hidden acceleration'. It is up to specialist subcontractors to recognise it and address it as such. Those subcontract conditions that envisage 'acceleration' usually provide for prior agreement as to reimbursement. Whilst 'best endeavours' certainly implies an obligation to rearrange activities and to make all reasonable efforts to prevent or reduce the delay, and possibly incur some costs as a result, most textbooks agree that it should not involve substantial expenditure.