We are the Contractor engaged in a project that is currently delayed, as Planned Completion, on the accepted programme, is now after Completion.
The PM has informed us of the provisions of Clause X7.1 and the activation thereof. My question pertains to the entry in the Contract Data and how to interpret how the delay damages will be calculated.
The entry in the Contract Data states:
“Whole of the Works - 0,2% per week to a maximum of 10% of the Total of the Prices per day”
My question is:
- Will the amount be calculated using the Total of the Prices (Contract value) or Total of the Prices per day, meaning the cost of damages incurred by the Employer per day due to the delay?
- If so to the latter, would this amount have to have been stipulated in the Contract data or will the Employer inform us of the amount per day now that delay damages are applicable.