A hypothetical scenario exists whereby X5 sectional completion applies (call it section A) and LDs are set at 1000/day for both sectional completion and for the whole of the works (sections A+B). Assume section B is completed satisfactorily but section A extends beyond the completion date for the whole of the works, would this incur double liquidated damages for exceeding both X5 & contract completion date
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Looking at both the X5 and X7 clauses as well as the standard entry in the Contract Data part 1 of both NEC3 and NEC4, I believe the answer is βNoβ.
This is because you would have section A with stated damages and then section B would, in effect be βThe delay damages for the remainder of the works are β¦β with the remainder not being section A. I.e. the damages are expressed as being independent of each other.