What conduct is required by best-endeavours and reasonable-endeavours obligations to prevent delay?
An endeavours clause is not a guarantee. Its content depends on the contractual objective, available measures, commercial context and wording chosen by the parties.
Best endeavours ordinarily require sustained pursuit of the contractual objective, while reasonable endeavours may permit selection among reasonable courses; neither expression has a fixed meaning divorced from context
A contractor required to use best endeavours to prevent or reduce delay should identify and pursue reasonable, practicable measures capable of protecting completion. Depending on the contract and facts, this may include resequencing, reallocating resources, securing alternatives and escalating decisions. The obligation may require expenditure, but does not automatically require ruinous action or acceptance of obligations outside the contract. "Reasonable endeavours" commonly allows greater regard to the obligor's commercial interests, although the precise duty cannot be decided from the label alone.
| Issue | Position |
|---|---|
| Best endeavours | Sustained pursuit of reasonable available routes |
| Reasonable endeavours | May permit one reasonable course and greater commercial balance |
| Absolute obligation | Neither expression guarantees the result |
| Expenditure | May be required, subject to context and proportionality |
| Employer-responsible delay | Mitigation duty does not automatically create free acceleration |
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