There are several routes under NEC for the Employer/Client to pursue the Contractor for consequential loss. One being Cl25.3 (missing a Key Date), others being late payments (interest) etc. In an unamended contract does the Employer have any route to pursue consequential loss for the Contractor reaching Completion after the Completion Date (in delay by many months) ? Assuming X7 is not present in the contract. The NEC guidance notes state this would constitute “damages at large” and can be pursued under English Law. The guidance notes suggest this is a breach of contract, but no reference is made to the main contract clause. I assume it’s a breach of contract under Cl.11.2.(2) "Completion is when the Contractor has;
- Done all the work which the Works Information states he is to do by the Completion Date.
In addition, Cl30.1 states:
- …the Contractor does the work so that Completion is on, or before, the Completion Date
example: Contractor failed to resource correctly under an Option A contract, they reach Completion 4 months after the Completion Date and as a result the Employer incurs cost of a delay to a follow on trade (piling rig). Could it be argued that under Cl25.2 the Contractor has failed to provide a “service” and therefore the PM can assess the direct consequential loss to the Employer and deduct from the final assessment due?