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NEC ECC: How does Client claim damages at large if no X7 included?

0 votes
If no X7 is stated in the contract data part 1 then I understand that this means that the damages are at large rather than non existent.

However, how does the Employer/Client practically or physically recover these though? Would this be part of the assessment under NEC monthly applications(if so where does it say they can do that), or would it have to be claimed for outside of the NEC and would they need to go to court to achieve this?
asked Sep 6, 2018 in Secondary X, W and Y options by anonymous (2,470 points)  

1 Answer

0 votes
If there is no corresponding mechanism within the conditions of contract (Secondary Option X7) then the Employer / Client would have to look outside the contract to claim unliquidated, or general, damages, that is legal action through the courts.

The issue then is one of evidencing 'cause and effect' and demonstrating 'actual loss', so Delay Damages is clearly a much simpler way to address this matter.
answered Sep 6, 2018 by Andrew W-I (19,180 points)