If clause x18 has been selected but the indirect/consequential loss value has been left blank does this mean this is uncapped or excluded?
All other values under x18 have been completed.
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Clause X18.1 stated that the Contractor’s liability is limited to the amount stated in the Contract Data. If there is no amount stated in the Contract Data, i.e. that particular entry is blank, then there is no amount to which the Contractor’s liability is limited. On that basis, liability must be unlimited.
This is reinforced by the High Court judgement in Arcadis v AMEC. Note, this was actually reversed on appeal, but for reasons unrelated to the entry being blank.
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Many Thanks Steven that has reinforced my view.
Regards,
Lee