Following a delay caused, in part, by the Principal Contractor (PC) the consultant acting as PM has applied for additional costs from the Employer (believe their fee is a time based contingent).
The Employer, in turn, has attempted to pass these costs onto the PC. However, Optional Clause x7 has been inserted into the main contract at a value of £0.00 per day. Therefore, unliquidated damages cannot be applied and any delay caused by the contractor can only be charged at a value of £0.00 per day.
Does the Employer have any other mechanism within the contract (NEC3 ECC Option A) for recovering these additional costs applied for by their PM from the PC?