Define: Ongoing Project
An Ongoing Project is a contractual term describing a multi-year initiative, often undertaken to satisfy corporate social responsibility or regulatory obligations, that remains active because no certificate of completion has been issued. Contracts use the term to signal continuing performance duties, reporting requirements, and unresolved milestones until the project is formally closed out.
Legal accuracy standard set & glossary spot-checked by Imad Mohammed Nazar , Skadden-trained M&A lawyer, Legal Engineer at GenieAI
What Ongoing Project Means in a Contract
An Ongoing Project refers to an initiative undertaken by an organization, typically to fulfil corporate social responsibility, regulatory, or contractual obligations, that has not yet reached formal completion. The defining feature is the absence of a signed Certificate of Completion, which means the parties remain bound by ongoing performance duties, deliverable timelines, and reporting obligations rather than final settlement terms.
In practice, the label is used to distinguish work that is still subject to active management from work that has closed out. Contracts rely on this distinction to determine which clauses continue to apply, such as insurance coverage, indemnities, milestone payments, and termination rights, all of which typically hinge on whether a project is still classified as ongoing.
Because the term is status-based rather than purely definitional, its meaning is only fully understood by reading it together with the completion mechanism described elsewhere in the agreement, including how completion is certified, disputed, or delayed.
How Ongoing Project Is Defined or Measured
Most agreements measure an Ongoing Project against a defined scope of work, milestone schedule, or budget allocation rather than a fixed calendar date. A project remains ongoing until each measurable output, such as construction stages, deliverable reports, or funded activities, has been verified and accepted by the receiving party.
Common measurement tools include:
- Milestone completion percentages tied to payment tranches
- Periodic progress reports submitted to a governance or oversight body
- Independent verification or audit before a completion certificate is issued
- Renewal or extension clauses that reset or extend the ongoing status
Because no universal statutory definition exists, the specific triggers for moving from ongoing to completed status depend entirely on the contract language, and disputes often arise when the criteria for completion are vague or subjective.
Where Ongoing Project Appears in Agreements
The term surfaces most often in long-duration commercial arrangements where performance is staged over years rather than delivered at a single point in time. It appears in grant agreements, sponsorship arrangements, infrastructure contracts, and corporate responsibility commitments where an organization must demonstrate continued investment before an obligation is discharged.
Industries with extended delivery cycles rely heavily on this classification. It is common in construction contracts tracking phased builds, in energy sector agreements covering multi-year infrastructure rollouts, and in public administration contracts overseeing publicly funded initiatives that require periodic accountability before closure.
Within these agreements, the ongoing status typically affects reporting schedules, insurance renewals, and the timing of final payment, since many clauses are drafted to apply only while the project remains active.
Why the Exact Wording Matters
Precise wording matters because the consequences of a project being ongoing versus completed can be significant. If a contract fails to specify who determines completion, or what evidence is required, the parties may disagree about whether obligations such as warranties, penalty clauses, or termination rights are still in force.
Ambiguous language can also create financial exposure. A party may assume a project has ended and stop performing certain duties, such as insurance maintenance or progress reporting, only to find that the other party still treats the project as ongoing under the law governing the contract. Clear definitions reduce the risk of this kind of dispute and support consistent interpretation by regulators, auditors, or courts.
Well-drafted clauses will typically state explicitly what evidence converts an ongoing project into a completed one, and whether partial completion of separable phases can be certified independently.
Drafting Considerations
Drafters should define the criteria for completion clearly, specifying whether a formal certificate, sign-off, or independent verification is required to end the ongoing status. Vague references to substantial completion or general satisfaction invite disagreement and should be avoided in favor of objective, measurable benchmarks.
It is also useful to address what happens if a project stalls or is abandoned before completion, including notice periods, remedial rights, and whether partial payments already made must be reconciled. Clauses should specify who bears responsibility for reporting progress and how disputes about status will be resolved.
Finally, contracts should clarify which obligations survive while a project remains ongoing, such as confidentiality, insurance, or compliance duties, since practical teams, including Compliance teams, often rely on this classification to determine which monitoring obligations remain active until formal closure is documented.
Relevant Circumstances
- When an [organization] undertakes a long-term project as part of Corporate Social Responsibility activities.
- When commencing a project that will span over multiple years.
- When official project completion certification is not gained yet.