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Answered: NEC3 Subcontract - X7 used but 'not applicable'

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Inserting 'Not Applicable' for the delay damages amount is likely to be interpreted as meaning that contractual (pre-determined amount) delay damages do not apply.  Unless there is some express provision excluding common law rights, then it is also likely that the Contractor could pursue 'unliquidated damages' in the event of a (breach of contract).delay

The drafting is not great because with NEC contracts you choose to ADD such Options rather than deleting applicable clauses so it is a bit of a strange way to deal with this matter.  Nevertheless, choosing Secondary Option X7 then adding 'Not Applicable' could be interpreted as reinforcing the intention to pursue a common law right, rather than the contractual route, when it comes to such damages.

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