I have a scenario whereby an Employer has appointed a principle Contractor to complete the civil works and a Contractor to complete the building works on the same project. There is no contract in place between the principle Contractor and the Contractor. The building Contractor has failed to meet the Completion Date and the Employer is looking to charge for the principle Contractors costs (for having to stay on site as the principle contractor) over and above the delay damages figure stated under X7.
Does the Employer have the right to do this or are all costs capped by the defined delay damages? To clarify the contract is NEC3 ECC Option A.