What advice can you provide regarding the consequential effects of clause 25.3? For example a contract takes one year to complete at a cost of £1M and the Key Date is the Completion Date. If the Contractor was to take an extra 2 months at an additional cost of say £100k and the Employer, having to manage that overrun, had an additional cost of say £50k is the true intent of that clause imposing a cost payable by the Contractor of £150k? I could believe that the Employer’s costs may be recoverable but not the Contractor’s as those are defined costs to Provide the Works.
Or: is this clause solely for when the Employer incurs a cost for completing the work or pays others to complete it in which case the above example would not apply? It’s just that there are also other conditions that could be used in these examples that protects the Employer e.g defects clause 45 or delay damages X7.