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How does NEC4 clause 63 work?

The change to the Prices is the effect of the event on actual Defined Cost for work done by the dividing date, forecast Defined Cost for work not yet done, and the resulting Fee, with risk allowances included and delay assessed separately.

Updated: 15 September 2026. By Jack Butler-Kettle, Quantity Surveyor & Claims Consultant.

The answer

Clause 63 sets the rules every quotation and every Project Manager's assessment must follow, and clause 63.1 is the core of it. The change to the Prices is assessed as the effect of the compensation event upon the actual Defined Cost of the work done by the dividing date, the forecast Defined Cost of the work not yet done by the dividing date, and the resulting Fee. The dividing date is the date of the communication that gave rise to the event where it arises from an instruction or a changed decision, and otherwise the date of the notification. Everything before that date is assessed from records; everything after it is a forecast, and the split is what makes the assessment a forecast rather than a claim. Clause 63 also requires the assessment to include cost and time risk allowances for matters which have a significant chance of occurring and are at the Contractor's risk under the contract, and it assesses the event on the footing that the Contractor reacted competently and promptly. For Options A and B the Project Manager and the Contractor may agree to use rates and lump sums instead of Defined Cost and Fee, but that is by agreement, not by default. Delay to the Completion Date is assessed separately under clause 63 from the effect on planned Completion shown on the Accepted Programme; that is programme work and sits with the programming expert. What goes wrong: quotations priced from bill rates or from invoices with no reference to the Schedule of Cost Components; no split at the dividing date, so actual cost and forecast are muddled; the Fee left off or applied to the wrong base; and no risk allowance, so the forecast is optimistic and, once the event is implemented under clause 66, it cannot be corrected when the risk happens.

Example

The situation

The Contractor notifies unforeseen ground conditions under compensation event 60.1(12) after its gang has already spent three days breaking out obstructions, and the dividing date is the date of the notification.

What happens

  1. The work done by the dividing date is assessed from records at an actual Defined Cost of £6,000.
  2. The work not yet done is forecast at £24,000, which includes a risk allowance of £2,000 because there is a significant chance of further obstructions along the same run.
  3. Defined Cost is therefore £30,000, actual and forecast together.
  4. With a fee percentage in the Contract Data of ten per cent the Fee is £3,000 and the change to the Prices is £33,000.

The assessment in figures

ItemAmount
Work done before the dividing date, actual Defined Cost£6,000
Work not yet done, forecast, including a £2,000 risk allowance£24,000
Defined Cost£30,000
Fee at ten per cent£3,000
Change to the Prices£33,000

The outcome

The change to the Prices is £33,000. Any delay to the Completion Date is shown separately on the programme extract and is not part of this arithmetic.

Our NEC compensation event review builds or checks the clause 63 assessment from the records and the Schedule of Cost Components.