NEC3 Option A Delay damages

NEC3 and NEC4 Contracts
1

A contractor is in delay i.e. Planned Completion will be later that the Completion date (as adjusted by agreed CE’s).

The client wishes to give the contractor a “damages free” period as an incentive to complete the works but wants the option of applying delay damages post the agreed date if the Contractor does not complete.

What is the best process to accommodate this (if you can) and at what point should the assessments start deducting damages i.e. can you cover a period of more than 1 month assessments?

Many thanks

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2

I would suggest that the easiest way to capture this agreement is under the provisions of clause 12.3 with an exchange of a signed agreement as to what the revised Completion date is.

It is a matter for the Client to decide at what point to start deducting damages once/if the revised Completion date has been exceeded.

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