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Option X7 Delay Damages

+1 vote
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?
asked Aug 17, 2017 in NEC3 Secondary X, W & Y options by Brian (510 points)  

1 Answer

+2 votes
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".
answered Aug 18, 2017 by Jon Broome (25,800 points)