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NEC Option E Worked Example

NEC Option E explained in numbers: each month the Project Manager forecasts Defined Cost to the next assessment date, adds the Fee, and that total sets what is due. This example follows two assessments on a fictional flood repair under NEC4 ECC, then shows a Disallowed Cost deduction and a compensation event. All figures are illustrative.

The rules themselves are on the Option E guide, and the main Options overview shows how it compares.

The job

A river embankment fails in a storm. A Client appoints a Contractor quickly, knowing the extent of the damage won't be clear for weeks. The fee percentage in the Contract Data is 6%, and forecasts are required every four weeks. The Contractor's first forecast of total Defined Cost is £1,500,000.

Assessment 1

ItemAmount
Defined Cost the Project Manager forecasts the Contractor will have paid by the next assessment date£180,000
Fee at 6%£10,800
Price for Work Done to Date£190,800
Less amount previously certified£0
Payment certified£190,800

The figure looks forward. It includes cost likely to be paid before the next assessment date, so the Contractor isn't funding the work out of its own pocket. It is common to get this wrong by certifying only what has already been paid. For more, read about the Price for Work Done to Date.

Assessment 2, with Disallowed Cost

The Contractor's records show £422,000 forecast to be paid by the next assessment date. On reviewing records, the Project Manager finds that a large excavator stood unused on site for two weeks after its work was done. The hire cost for that period, £12,000, falls under resources not used to Provide the Works, so it comes out.

ItemAmount
Contractor's forecast£422,000
Less Disallowed Cost(£12,000)
Defined Cost£410,000
Fee at 6%£24,600
Price for Work Done to Date£434,600
Less amount previously certified(£190,800)
Payment certified£243,800

The Contractor actually loses more than £12,000. The Fee on that cost is also gone, £720, so the true effect is £12,720. The Project Manager should say which cost it has taken out and why, because a bare deduction usually leads to a dispute. The Disallowed Cost guide and open book and cost records go through what evidence supports a decision.

A compensation event

In week 11 the Project Manager instructs a further 200 metres of repairs. That is a change to the Scope, so it is a compensation event. The Contractor's quotation shows £120,000 in forecast Defined Cost, a £7,200 Fee, and a two-week delay to planned Completion.

Here's what changes and what doesn't:

ItemEffect
Monthly paymentNo direct change. When the work is done, the cost flows through Defined Cost like all other cost
The forecast of the PricesUp by £127,200, from £1,590,000 to £1,717,200 (£1,500,000 plus 6% is £1,590,000)
Completion DateTwo weeks later, which matters if delay damages apply

The quotation doesn't cap what the Contractor is paid for the extra work. If the 200 metres ends up costing £150,000, the Contractor still recovers it, subject to Disallowed Cost. More on this in compensation events under Option E.

What the Client's report should show

A useful monthly report for an Option E job shows, in one view:

  1. Price for Work Done to Date.
  2. Latest forecast of total Defined Cost plus Fee, and how it has moved since the last one, with the Contractor's explanation.
  3. Implemented compensation events, showing what is Scope growth and what is not.
  4. Disallowed Cost taken so far and any open questions about it.
  5. How much Defined Cost has been finalised under 50.9 and how much is still open.

In this example, the forecast rises by £127,200 as soon as the event is assessed. A Client watching only monthly payment wouldn't see that until the cost arrived, weeks later.

What to take from it

  • Fee follows cost, in both directions, including when cost is removed.
  • Compensation events are about time and forecasting here, not monthly money.
  • Deductions need reasons, recorded at the time.

See how this works in practice

Click through Contract Status with sample contracts: raise the notice, reply to it, and watch both sides of one record.

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This guide is general information in our own words, not legal advice. Your contract and its Contract Data always govern. NEC, NEC3 and NEC4 are trade marks of Thomas Telford Ltd; Contract Status is not affiliated with or endorsed by NEC.