We are the contractor on an NEC4 Engineering and Construction Contract (ECC). Can you confirm if the limit of our liability for indirect or consequential loss in the contract data for Clause X18.2 forms part of our total liability to the client under clause X18.5? Also, what is the position if clauses X18.2, X18.3 or X18.4 are left blank in the contract data?
If entries for X18.2, X18.3 and X18.4 are left blank in the contract data, your liabilities in regard to these types of losses are only limited by the cap in X18.5.
Your liability for all matters under the contract is subsumed into the total cap under X18.5, except for the excluded matters identified in X18.5.