Mitigation in the construction industry

The term ‘mitigate’ means to make less severe or serious.

This can be important in the construction industry in a number of different circumstances.

• In relation to project delays, it refers to minimising the impact of the risk event (an event or cause of delay or disruption). For example, acceleration might be used to mitigate a delay. Where there is a claim for an extension of time, the contractor may be required to mitigate the delay and any resulting loss, even where the fault is not their own.
• In terms of losses incurred, it can refer to claimant's duty to mitigate their loss. A claimant will generally not be allowed to recover damage which could have been avoided had the claimant acted reasonably. For more information see: Mitigation of loss.
• In relation to planning policy, planning obligations or planning conditions might be used to mitigate or compensate for the negative impacts of a development. For more information see: Planning obligation and planning condition.
• In terms of risks, a contingency plan might be enacted to mitigate project risks, such as adverse weather, industrial disputes and so on. For more information see: Contingency plan.

Mitigation strategies might also be used in relation to:

• Environmental impact.
• Loss of habitat.
• Carbon emissions.
• Flood protection.
• Duty to warn.

A handbook on environmental impact assessment, 4th edition, published by Scottish Natural Heritage in 2013, suggests that:

These are the measures taken to avoid, cancel or reduce adverse impacts of a project. They are:

• Avoidance measures: Designed to avoid or eliminate any adverse impacts arising in the first place, including alternative or ‘do nothing’ options;
• Cancellation measures: Designed to nullify or cancel out any adverse effects of a project before adverse effects are felt;
• Reduction measures: Designed to minimise or at least reduce adverse impacts remaining after avoidance and cancellation measures have been applied to a project.

Culvert, screen and outfall manual, (CIRIA C786) published by CIRIA in 2019, suggests that the mitigation hierarchy is typically:

• Avoid.
• Minimise.
• Rectify.
• Reduce.
• Offset.

NB Global Warming of 1.5 ºC, Glossary, published by the Intergovernmental Panel on Climate Change (IPCC) in 2018, defines mitigation (of climate change) as: ‘A human intervention to reduce emissions or enhance the sinks of greenhouse gases.’

[edit] Related articles on Designing Buildings

• Consequential loss.
• Planning condition.
• Planning obligation.
• Contingency plan.
• Risk.
• Environmental impact assessment.
• Relevant event.
• Extension of time.
• Duty to warn in construction.

[edit] External references

• Ref The Society of Construction Law Delay and Disruption Protocol, 2nd edition, published in February 2017 by the Society of Construction Law (UK).