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NEC3 ECS: Damages to be levied

0 votes
The Contract is NEC3 ECS where X7 applies.
The Contract Data stipulates damages at a weekly rate.
No daily rate is clarified/referenced.
The Secondary clause states that the damages are to be levied using the rate stated in the Subcontract Data for each day the Subcontractor is late.

Can the Contractor levy the full weekly rate per day?
asked Aug 15, 2019 in Secondary X, W and Y options by HH2019 (120 points)  
edited Aug 15, 2019 by richardhodson

1 Answer

+1 vote
It would appear that the Contractor has changed the standard entry in the Contract Data to say damages are charged at a weekly rate. All other things being equal, as the Contractor has created the ambiguity, it would be interpreted in the way least favourable to the Party who created it i.e. the Contractor.

Therefore, damages are charged at the weekly rate per week stated in the Contract Data.
answered Aug 16, 2019 by Jon Broome Panel Member (61,270 points)