Employer wants to recover loss / damages he will incur due to Contractor delaying project. X7 is limited to 10% of contract value, and this will only be on overall Completion. X18.4 (limit of liability) - 100% of the total of the prices. Four questions,
1. Can Employer recover the loss he had to pay others for standing time and acceleration as well as penalties , under 18.4 , as X7 will never cover all the costs.
2. Can this loss be seen as consequential / indirect, even if it is as a direct result of Contractor lack/ poor performance.
3. How do you recover this money, what's the procedure to be used as I can not issue a negative CE , back charge or claim or a reduction in the prices as far as I know. Does the NEC recognise a "claim" can I issue a notice of claim? and if I do, does this fall outside the contract (NEC) and become a legal matter?
4. I understand that X7 is for delay damages, but what is X18.4 for, and can you claim under X7 and X18.4?
Thank you
1. Can Employer recover the loss he had to pay others for standing time and acceleration as well as penalties , under 18.4 , as X7 will never cover all the costs.
2. Can this loss be seen as consequential / indirect, even if it is as a direct result of Contractor lack/ poor performance.
3. How do you recover this money, what's the procedure to be used as I can not issue a negative CE , back charge or claim or a reduction in the prices as far as I know. Does the NEC recognise a "claim" can I issue a notice of claim? and if I do, does this fall outside the contract (NEC) and become a legal matter?
4. I understand that X7 is for delay damages, but what is X18.4 for, and can you claim under X7 and X18.4?
Thank you