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NEC3 ECC: Key date vs x7

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Does your other damages clauses fall away when you claim against a key date.  or is it just a addition to your other clauses. Say you claim against key date can you claim against x7 as well.  Contact makes provision for both.  Contractor missed key date and then completion date.
related to an answer for: NEC3 ECC: Key Date costs
asked May 20, 2016 in Secondary X, W and Y options by anonymous   7 46 64

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Both can be applied but not for the same costs. A Key Date may be missed which means the Employer incurs additional cost from a 3rd Party who has to now do their work a different way. That cost is recoverable through 25.3 within 4 weeks of the Key Date eventually being achieved.  

If the missing of the Key Date affected the remaining critical path and the overall Completion date is exceeded, then delay damages under X7 will be applicable which are there to compensate the Employer for the late handover of the project.

They are meant to be different remedies for different costs incurred at different points in the project. Costs that would be recoverable under delay damages should not be claimed under the Key Date assessment.
answered May 20, 2016 by Glenn Hide Panel Members (74,820 points)