NEC3 ECC: Can Contractor claim back liquidated damages (X5 & 7) from Subcontractor under clause 25.3?

Three questions: (Subcontractor has missed Key Date)

  1. Can Contractor claim back liquidated damages that he will incur upstream to (Employer - X5 & 7) from Subcontractor under clause 25.3

  2. If not can it be claimed as general damages due to breach of contract 30.3 or any other clause? 83.1 maybe? in addition to 25.3.

  3. Contract makes provision for X7 - overall completion of works. I am intending to claim for 25.3 and my damages clause. Subcontractor is of the opinion if I claim under 25.3 - I am not entitled to any other damages clauses, and then they quote A Commentary Second edition by Brian Eggleston “The Contractors right to recover the additional cost is his only right in these circumstances” and it is noted that said clause replaces, rather than stand alternative to any damages remedy. Now my understanding is that 25.3 is additional to my other rights and is cost based not damaged based? Please help clarify the issue. Can I claim for additional costs incurred as well as for delay damages if my contract makes provision for such.


You seem to be referring to different mechanism. X7 provides for delay damages and is not related to clause 25.3 which provides for the recovery of additional cost should the Subcontractor fail to acheive a Key Date.

If the Subcontract contained Key Dates, and the Condition required, then the matter is covered by clause 25. This would not extend to delay damages that are covered by X7 and would be treated seperately should Completion not be achived by the Completion Date.