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Channel: ReachBack by BuiltIntelligence - Recent questions and answers in NEC3 and NEC4 Contracts
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NEC ECC: Can a Contractor claim loss of bonus/incentive payment/profit if a Subcontractor misses a Key Date?

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NEC ECC Option A: Subcontractor misses a key date. General damages are at large and I & CL excluded. Subcontractor had access to main contract for inspection prior to entering contract.

In missing the key date the Contractor is entitled to claim costs under 25.3. Is the interpretation or meaning of cost here to put the Contractor into the position they would have been had the delay not occurred or is the Contractor also able to claim direct loss of profit / incentive payment they may have otherwise received under the main contract? (or would this be deemed as indirect or a special circumstance that was not made clear at the time of entering into the subcontract?)

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