Frequently Asked Questions

Question
We are a project manager using an NEC4 Engineering and Construction Contract (ECC). Does a compensation event occur for the increase in national insurance contributions announced in the UK 2024 Autumn Budget?

If the site is in the UK and option X2 has been included in the contract, the answer is yes, assuming the increase in national insurance contributions becomes law. However, the effect on the prices, if any, will be dependent on the main option selected.

In terms of people costs the effect across the main options will be as follows. In target-cost Options C and D, it will lead to a change in the prices, calculated by the impact of the event on cost component 13 item (i).

In the priced Options A and B, there will be no change to the prices as people costs are covered by the people rates, which are fixed for the duration of the contract. In Option E (cost-reimbursable contract), the change to the prices would be automatic in that the defined cost payable will increase due to an increase in cost component 13 item (i).

In Option F (management contract), there would be no change to the prices as, if the contractor is to do any work itself, this be paid for using the prices included in contract data part two that will be fixed for the duration of the contract.

In all main options there may be an increase in other cost components as result of the change in law leading to higher prices for plant and materials, subcontractors and so on. This will need to be demonstrated by the contractor via compensation events, changes to the supply contracts and so on as agreed by the contractor in accordance with the supplier’s contract.

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