NEC ECC: X7 Delay Damages Estimate - can this include the Employers staff?

Can the Employer include the cost of their staff in the daily sum stated against X7 Delay Damages in Contract Data Part 1? Or are they considered an overhead?

For example the Employer has a PM, Site Supervisor and QS working on a project. If a project is completed late, this resource isn’t able to move on to the next project in the Employers programme of works.

For clarity the Employers staff are ‘on the books’ (i.e. no agency/contract staff are brought in especially for the project).

If you are on the stage of negotiating or tendering a contract, yes you may and you may include such statement in the Contract Data.

If you are already implementing the Contract, the delay damages is the amount stated in the Contract Data. You should not add any amount aside from what is stated in the Contract Data.

Yes they could be included, where the intention is to move onto another project, as you may need to engage agency staff in the interim where your own resources are not available. This would be an additional cost as a direct consequence of the project running late. Remember to keep records of how the amount is calculated, in the event that this is challenged at a later date.

Having said that, a Contractor will price for risk and so the overall amount may be subject to negotiation at pre-tender stage, especially where a stated completion date is challenging.