Why are delay damages reduced if the Employer takes over a part of the works before Completion?
Delay damages are reduced since the Employer has had the benefit of using part of the works and it would be unfair to levy the delay damages in the contract applicable to all of the works if the Contractor subsequently completed the rest of the works late. The delay damages are therefore reduced in the proportion that the benefit of the taken over part of the works has to the benefit of the whole works.