# Defect Plus Liquidated Damages

**URL:** <https://reachback.builtintelligence.com/t/defect-plus-liquidated-damages/21428>\
**Category:** Secondary X, W and Y options\
**Created:** [14 November 2023 09:22 UTC](https://reachback.builtintelligence.com/t/defect-plus-liquidated-damages/21428 "2023-11-14T09:22:25Z")\
**Posts on this page:** 4\
**Page:** 1

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**Author:** ![WatersideSurveyor](https://dub1.discourse-cdn.com/flex013/user_avatar/reachback.builtintelligence.com/watersidesurveyor/32/153_2.png) [@WatersideSurveyor](https://reachback.builtintelligence.com/u/WatersideSurveyor)\
**Post date:** [14 November 2023 09:22 UTC](https://reachback.builtintelligence.com/t/defect-plus-liquidated-damages/21428/1 "2023-11-14T09:22:25Z")

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We are currently completing an NEC3 Option A Contract with X5 & X7 included. We have delivered in an item within the X5 required date. This box was many months later deemed to have a defect which we corrected at our own cost. We have now had maximum allowed Delay Damages applied which we are disputing. Is there any instance where this can be done?

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**Author:** ![Peter\_Papadakis](https://dub1.discourse-cdn.com/flex013/user_avatar/reachback.builtintelligence.com/peter_papadakis/32/1096_2.png) [@Peter\_Papadakis](https://reachback.builtintelligence.com/u/Peter_Papadakis)\
**Post date:** [14 November 2023 10:58 UTC](https://reachback.builtintelligence.com/t/defect-plus-liquidated-damages/21428/2 "2023-11-14T10:58:43Z")

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I don’t see how delay damages are related to the defect, unless it prevented Completion of the section of the _works_ in question, i.e. it prevented the Employer from using the _works_ (see cl. 11.2 (2), second bullet point).

I suppose you were never given that sectional Completion Certificate, were you?

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**Author:** ![WatersideSurveyor](https://dub1.discourse-cdn.com/flex013/user_avatar/reachback.builtintelligence.com/watersidesurveyor/32/153_2.png) [@WatersideSurveyor](https://reachback.builtintelligence.com/u/WatersideSurveyor)\
**Post date:** [14 November 2023 11:24 UTC](https://reachback.builtintelligence.com/t/defect-plus-liquidated-damages/21428/3 "2023-11-14T11:24:04Z")

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Peter, no we were never issued a sectional completion certificate nor were we ever notified correctly it was a defect, it was just returned and a fix requested. The joys of loosely following a Contract when it suits. The _works_ were not held up as further items had also not been completed (not completed by us).

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**Author:** ![Peter\_Papadakis](https://dub1.discourse-cdn.com/flex013/user_avatar/reachback.builtintelligence.com/peter_papadakis/32/1096_2.png) [@Peter\_Papadakis](https://reachback.builtintelligence.com/u/Peter_Papadakis)\
**Post date:** [14 November 2023 13:24 UTC](https://reachback.builtintelligence.com/t/defect-plus-liquidated-damages/21428/4 "2023-11-14T13:24:21Z")

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I understand. It is not an uncommon situation and you will probably face an uphill battle, but that does not mean you won’t be able to prove your case in the end.