What does the Price for Work Done to Date mean under NEC4 Options A and B?
Under Option A it is the Prices of completed activities; under Option B it is measured quantities at bill rates, plus the completed share of lump sums.
Updated: . By Jack Butler-Kettle, Construction Claims Consultant.
The answer
The definition in clause 11.2 ties payment to the pricing document, not to cost. Under Option A it is the total of the Prices for each group of completed activities and each completed activity not in a group. An activity is completed only when it has no Defects that would delay, or be covered by, the work that immediately follows. There is no payment for an activity that is partly done, however nearly. So the activity schedule is your cash flow. Large activities mean long gaps between payments, and an activity with a Defect in it is not paid until the Defect is corrected. Under Option B it is the quantity of work completed for each item in the Bill of Quantities, times the rate for that item. Add the completed proportion of the work covered by each lump sum item. Option B is remeasured, so you are paid for the quantity done, not the quantity billed. Plant and Materials delivered but not yet built in are not part of the Price for Work Done to Date under either option. The exception is where the activity schedule or the bill provides for them. That surprises Contractors used to other forms. Implemented compensation events change the Prices, through the activity schedule under Option A and the bill under Option B. An event that has not been implemented does not reach the payment. Four mistakes are common. Option A applications claim percentages of activities, or activities that still carry Defects. The activity schedule is never updated for compensation events. Option B applications are measured against bill quantities, not the site. And lump sum proportions are claimed with no basis. The NEC4 Engineering and Construction Subcontract uses the same definitions one tier down. Has your main contractor paid nil against an activity, or a quantity below your measure? Then check its assessment against the activity schedule or the bill before you accept the figure.
Example
Illustrative example. The scenario and figures are invented.
The facts
An Option A activity schedule has an activity for the substructure at £120,000 and one for the ground floor slab at £40,000. At the assessment date the substructure is almost finished, but one pile cap is still to be cast.
What happens
- The Price for Work Done to Date for both activities is nil, because neither is complete.
- Had the substructure been split into four activities of £30,000 each, three complete ones would have earned £90,000.
- Under Option B the same work might be a bill item for 1,000 cubic metres of excavation at £30 per cubic metre. With 700 measured as done, it earns £21,000.
- A £20,000 lump sum for site establishment, with half the work done, earns £10,000 under Option B.
The two Options in figures
| Item | Value | Earned |
|---|---|---|
| Option A substructure, one pile cap outstanding | £120,000 | Nil |
| Option A ground floor slab, not completed | £40,000 | Nil |
| Option A substructure split into four activities | £30,000 each | £90,000 |
| Option B excavation, 700 of 1,000 cubic metres | £30 per cubic metre | £21,000 |
| Option B site establishment, half done | £20,000 | £10,000 |
The outcome
Under Option A the two activities earn nothing until each is complete, or £90,000 had the substructure been split. Under Option B the measured excavation earns £21,000 and the half-done establishment £10,000.
Under Option A only a completed activity earns, so how the activity schedule is split decides when the money arrives.
To have what you are owed valued against your activity schedule or bill, head by head, see our Underpayment Claim service.