Expert advice in minutes not days. Register it's free and ask your first question now.
ReachBack is a free community help desk for construction professionals run by Built Intelligence. A library of high-quality questions from real users with answers delivered and curated by industry experts.

5,494 questions

5,897 answers


Register its Free

Download here

NEC3: Concurrent LDs

+1 vote
A hypothetical scenario exists whereby X5 sectional completion applies (call it section A) and LDs are set at 1000/day for both sectional completion and for the whole of the works (sections A+B). Assume section B is completed satisfactorily but section A extends beyond the completion date for the whole of the works, would this incur double liquidated damages for exceeding both X5 & contract completion date
asked Aug 15, 2019 in NEC3 and NEC4 Contracts by Dean Thomas (240 points)  

1 Answer

+1 vote
Looking at both the X5 and X7 clauses as well as the standard entry in the Contract Data part 1 of both NEC3 and NEC4, I believe the answer is 'No'.

This is because you would have section A with stated damages and then section B would, in effect be "The delay damages for the remainder of the works are ..." with the remainder not being section A. I.e. the damages are expressed as being independent of each other.
answered Aug 16, 2019 by Jon Broome Panel Member (61,270 points)