Thanks Glenn, just to clarify - Contractor contract has sectional compl. dates with Employer. I want to know can I claim back these damages/costs from subcontractor, and yes this subcontractors risk. subcontractors contract has 25.3 and x7.
25.3 - two bullet points states and this is also the SC view that I can claim any additional money for carrying out work or having to pay the employer or others in carrying out work only. therefore I can’t claim back the damages incurred from them under 25.3.
And if I can claim for additional cost incur as per 25.3 can I also claim for delay damages x7 as both these are the contract.
Note: NEC - A Commentary - key date - seems to imply that once you claimed under 25.3 you cant claim under any other damages clauses. " 25.3 replaces rather than stand alternative to any damages clause."
I appreciate your feedback.
The Employer cant claim twice for the same thing, but 25.3 and X7 are independent of each other. You could have a Key Date that whilst very important to the Employer for a follow on 3rd Party activity, this Key Date is not on the Contractor’s critical path. You cant be charged “damages” until you have exceeded the Completion Date, so this should not be a calculation within the Key Date being missed assessment
The Key Date is to pick up the specific direct additional cost the Employer will incur as a result of the Key Date not being achieved. The delay damages is there to compensate the Employer for the contract not being completed by the date stated in the contract. You also cant assume that although they missed the Key Date, they will not be able to recover in other ways and get the Completion Date back on track, so the Key Date should only need to address the direct cost the Employer knows he will incur from the Key Date being missed.