NEC ECC: Can Delay Damages be changed by agreement between the parties under clause 12.3

I think it is fair to say that anything in the contract can be changed by agreement (as long as agreement means both Parties agreeing!). You may need to take legal advise as to how this is written and signed to make sure it is binding. If it suits both Parties that an aspect of the contract changes then the contract would not want to prevent this.


Yes, as you have rightly stated above, you can change anything by agreement between the Employer and the Contractor provided you comply with clause 12.3 and aren’t doing anything illegal.