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NEC3 ECC: Can delay damages that are 'generally' £x per day be enforced

+1 vote
164 views
In CD pt 1 the delay damages have been stated as 'generally £x per day unless otherwise noted'. No specific damages are given

Are the delay damages enforceable?
asked Feb 13 in NEC3 Secondary X, W & Y options by JSD   1
   

1 Answer

0 votes
You really need a legal opinion, however I don't see how it can be concluded that damages are £0 or any other amount when £x has been inserted. Clearly the party who drafted the contract had intended damages to apply but unfortunately for them they've failed to liquidate them. In my opinion this means that the damages are unliquidated and as such if the Employer wants to recover damages from the Contractor, they will have to prove both the breach of contract and the amount of damages they are seeking to recover.
answered Feb 26 by Neil Earnshaw (7,100 points)