Key Takeaways

Clause 16 is the contractor's value engineering route, and it pays

A clause 16.1 proposal lets the contractor suggest a change to client scope that reduces what they get paid. Under options A and B the assessed saving is multiplied by the value engineering percentage (50% by default), so on a 400,000 pound saving the prices only drop by 200,000 and the contractor keeps the rest as margin.

The value engineering percentage decides who wins, so set it deliberately

Under options A and B, clause 63.12 applies the value engineering percentage before the saving reduces the prices. A higher percentage favours the client, a lower one favours the contractor; set it too high and you kill the incentive to innovate at all.

C and D work differently: no percentage, just the gain-share pot

Options C and D have no value engineering percentage. Clause 63.13 keeps the target unchanged, so a successful idea brings forecast cost down and the difference flows into the gain-share pot, though a big saving can push you into a lower share band or past a cap.

Get the idea in writing, and do not change scope through a design submission

A proposal must be in a form that can be read, copied and recorded (clause 13.1), which protects ownership of the idea. Acceptance of a contractor's design submission never changes scope or transfers liability; only a clause 14.3 instruction can change scope.

Further Reading

GMH Planning’s own guidance notes, CECA bulletins and webinar pages on this topic. They explain the standard provisions and are useful alongside, not instead of, the executed contract.

Check the contract form, edition, incorporated amendments, main and secondary options, Contract Data and any Z clauses for your own project.

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