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non-challenging party

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20:16 Nov 27, 2013
This question was closed without grading. Reason: Answer found elsewhere

English to Spanish translations [PRO]
Bus/Financial - Law: Contract(s) / EPC contract
English term or phrase: non-challenging party
If the EPC Contract contains an exclusive remedies clause the result is simple - the contractor will have escaped liability unless the contract contains an explicit right to claim damages at law if the liquidated damages regime fails.
If, however, the EPC Contract does not contain an exclusive remedies clause the ***non-challenging party*** should be able to claim at law for damages they have suffered as a result of the challenging party's non or defective performance.
Alberto Montpellier
Cuba
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