Employer wants to recover loss / damages he will incur due to Contractor delaying project. X7 is limited to 10% of contract value, and this will only be on overall Completion. X18.4 (limit of liability) - 100% of the total of the prices. Four questions,
- Can Employer recover the loss he had to pay others for standing time and acceleration as well as penalties , under 18.4 , as X7 will never cover all the costs.
- Can this loss be seen as consequential / indirect, even if it is as a direct result of Contractor lack/ poor performance.
- How do you recover this money, what’s the procedure to be used as I can not issue a negative CE , back charge or claim or a reduction in the prices as far as I know. Does the NEC recognise a “claim” can I issue a notice of claim? and if I do, does this fall outside the contract (NEC) and become a legal matter?
- I understand that X7 is for delay damages, but what is X18.4 for, and can you claim under X7 and X18.4?