Navigating Acceleration without Claims: Contractual Insights from FIDIC 2017 for Giga Projects

Saudi Arabia’s giga projects face intense schedule pressure driven by international events and Saudi Vision 2030 milestones. A recurring challenge for employers is the continued reliance by contractors on an initial postaward baseline schedule, even as subsequent scope changes and execution constraints render it an unrealistic representation of the path to completion. In practice, this has led to the development of parallel target schedules projecting on-time completion, undermining schedule reliability and complicating delay entitlement. This paper examines the contractual and legal mechanisms available to employers to mitigate delay and, where necessary, pursue acceleration under Fédération Internationale des Ingénieurs-Conseils (FIDIC)–based contracts, with particular focus on the FIDIC Conditions of Contract for Plant and Design-Build, Second Edition 2017. The analysis adopts a qualitative doctrinal and comparative approach, drawing on contractual provisions, Saudi public procurement law, and decided case law from the United Kingdom and United States, together with international arbitration practice. The findings demonstrate that employers can lawfully and proactively use contractual tools to enforce realistic schedule updates, demand recovery measures for contractor-caused delay, and negotiate compensated acceleration, including acceleration intended not only to recover delay but also to achieve completion earlier than the original contractual time for completion where delays are excusable. The paper provides a practical framework for employers to achieve timely delivery through contractually sound delay mitigation and acceleration while minimizing dispute risk.