Case 06
Acceleration vs Mitigation
- Acceleration
- Mitigation
- Programme
The commercial question
“The PM says “recover the programme”. Is that Contractor recovery, mitigation or acceleration — and who pays?”
Illustrative scenarios
These are independently created fictional scenarios for professional learning. Figures and conclusions are illustrative, not project-specific assessments or standard rates.
Project scenario
NEC4 ECC Option A
A Compensation Event causes a 12-day delay to planned Completion.
The Client/PM wants the Contractor to recover to an earlier position. The Contractor proposes an acceleration package.
| Item | Before the CE | After implementation |
|---|---|---|
| Planned Completion | 30 November | 12 December |
| Completion Date | 14 December | 26 December |
| Terminal float | 14 days | 14 days |
Contractor position
The Contractor proposes an acceleration package of:
£96,000
| Second installation gang | £32,000 |
|---|---|
| Night shift premium | £18,000 |
| Weekend working | £12,000 |
| Additional supervision | £9,000 |
| Additional plant | £8,000 |
| Logistics / welfare | £5,000 |
| Productivity inefficiency | £7,000 |
| Risk allowance | £5,000 |
| Total | £96,000 |
What would you challenge first?
Why is recovery required — Contractor delay or CE-caused delay?
Reasonable response / mitigation of a CE is not automatically acceleration.
A Client request for an earlier contractual outcome than the properly assessed CE-adjusted position may require consideration of the applicable contractual acceleration process.
An acceleration proposal needs a programme story as well as a cost story — the quotation must demonstrate what time the proposed measures are expected to buy.
Key commercial principle
Key commercial principle
“Mitigation reduces the effect of a Compensation Event. Acceleration buys an earlier contractual outcome. They are not the same thing.”
“A CE-caused delay should not simply be absorbed by Contractor-owned terminal float.”
Commercial Desk headline diagnosis
Commercial Desk headline diagnosis
Programme and acceleration basis requires further review.
One Compensation Event may create multiple effects — direct changed work, labour and resource effects, plant, disruption, resequencing, temporary works, programme delay and prolongation. Those effects are not automatically separate Compensation Events.
Negotiated Clause 36 acceleration quotation
Stage 1 — Underlying CE
The compensation event is assessed first and separately, including its effect on planned Completion and the Completion Date.
Stage 2 — Clause 36 acceleration
The PM requests a quotation for an earlier Completion Date. The price is the Contractor's quotation as negotiated and accepted — not an SCC / SSCC CE valuation.
Acceleration is consensual: it takes effect only when the PM accepts the Contractor's quotation and revised programme.
See the Worked Commercial Solution
Full Worked Solution
Part of the upcoming NEC4 Compensation Events Pack.
The Pack includes:
- Cases 01–06 full Worked Solutions
- Main Option A–F impact analysis (not six recalculated versions of each Case)
- Advanced Option B/D Quantity-change Module where applicable
- Structured evidence and commercial assessment guidance
- Example response wording
Planned launch price: £79 one-off. No subscription. Coming soon.
Based on the standard NEC4 ECC framework. Always check the applicable Contract Data, secondary Options, Y clauses, Z clauses, local amendments and governing law before applying the worked examples to a live contract.
Related Commercial Desk tools
Programme Assessment
Review the programme basis before using a time period commercially.
Commercial Desk is an independent practical reference for construction professionals. It is not affiliated with or endorsed by NEC. It does not reproduce the NEC4 contract and is not a substitute for the applicable executed contract or professional or legal advice. Always check the relevant contract, Contract Data and amendments.