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NEC ECS: Can Liquidated Damages be taken from Retention?

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Following an error, the only amount due to a Subcontractor is their retained 5%. They are due to pay liquidated damages as they were late against 2 sectional completion dates.

Can the liquidated damages amount be deducted from the retention? So on the Payment Certificate, release 2.5% to them but then deduct the DD's from that?
asked Jan 17 in Secondary X, W and Y options by WatersideSurveyor (580 points)  

1 Answer

+1 vote
 
Best answer
Yes, that is what the retention is for.
answered Jan 17 by Rob Horne (19,230 points)  
selected Jan 22 by WatersideSurveyor