I have a badly worded limitation to Delay Delay damages clause. The Main Option is Option B.
The delay damages are limited to 5% of the contract value. Contract value is not defined in the contract. Total Prices are of course re-measurable.
A large portion of the works have been de-scoped which already reduced the possible re-measurement of the Prices.
The Employer wants to impose delay damages and has indicated it will be based on the estimated Total Prices being all the BOQ items added up at the tender stage of the contract.
So how do I work out what the Employer can impose as delay damages? Is it 5% of the Prices accepted at the start of the contract or should it be based on the current contract value based on work done to date?