In NEC 3 Option C, are delay damages (X7) applied when the Contractor comes back to deal with a major Defect after completion that renders part of the works unusable, even though the works were completed on time?
If Completion has been achieved or the works were taken over (whichever was earlier), no delay damages should apply thereafter; if part of the works was taken over, the delay damages should be reduced proportionally.
The issue of the Defect is irrelevant to the above; the responsibility rests with the Contractor to correct the Defect etc. as set out in Section 4 - Testing and Defects.
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