NEC3 ECS Main Option A
Subcontract includes X7 and Employer provided a breakdown of X7 Delay Damages at tender stage. The project is now into its 2nd week of delay and forecasting to be delayed by a further 10 weeks. All compensation events have been implemented to date and both parties are in agreement that the delay is clearly the Contractor’s own delay.
Approximately 50% of the original X7 breakdown items is not applicable at this point in time.
Can the Employer charge the amount stated in the Subcontract Data even if their actual costs incurred is 50% less per day. Likewise, what if their actual costs were 150% of the figure in the Subcontract Data?
If there was no breakdown originally, would the Employer be required to substantiate the sum per day in the Subcontract Data?