X7 damages relevant on Subcontractor

I am working on a NEC3 ECC Option A account including secondary options X5 and X7.

We are performing a office construction project and have no losses as the overall construction is delayed due to the pandemic.

We have however allowed free and open access to one of our Subcontractors to work on the interior, but he is late on the completion and has not been affected by the pandemic.

Could we implement damages nevertheless, as we also appreciate this clause is not intended as penal system and the value was set at genuine loss value which is no longer applicable.

If you have X7 in the subcontract with a stated delay amount and the Subcontractor has not achieved Completion by the Completion Date (as may have been revised due to compensation events) then yes you can deduct delay damages (as stated in Data Part 1).

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