Option X7 Delay Damages

We have a framework contract with large client that uses the clauses from the NEC3 Professional Services Contract.

The Data which will apply to all Package Orders states that option X7: Delay Damages is a “Statement given in all contracts”. Option X7 in the framework contract reads;

Delay damaged for the Completion of the whole of the services is £_____ per day.

This statement is repeated in the individual package order template used by different teams within the Client organisation to procure work packages and sometimes the “£_____” is filled in with a value and sometimes it isn’t.

Is it safe to assume that, if no figure is included, there are no delay damages applicable to that specific package order?

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To quote ‘Keating on NEC3’: if “no sum is inserted in the “amount per day” column then it is probable the Employer can recover neither liquidated delay damages or general damages”.