£850,000 of additional value recovered following protected species discovery
Civil Engineering Contractor | Infrastructure Project
KEY DETAILS
CLIENT TYPE
Civil engineering contractor
SECTOR
Infrastructure and civil engineering
PROJECT SCOPE
Protected species discovered during construction
CONTRACT SUM
£6 million
FORM OF CONTRACT
NEC3 Engineering and Construction Contract Option A
COMMERCIAL ISSUE
Ecological restrictions, delay, disruption and additional cost
ADDITIONAL VALUE RECOVERED
£850,000
PRIMARY SERVICE AREAS
Margin Protection & Revenue Recovery; Contractual Risk & Entitlement Strategy; Commercial Troubleshooting & Intervention
Introduction
A civil engineering contractor experienced significant delay and disruption after protected species were discovered on site during construction.
The resulting ecological restrictions affected access, disrupted planned working sequences, reduced productivity and increased project costs.
Roxburgh Murray carried out a detailed contractual and commercial review, demonstrated the full effect of the ecological constraints and built a robust Compensation Event submission supported by programme evidence and contemporaneous project records.
The Compensation Event was successfully agreed, recovering £850,000 of additional commercial value for the contractor.
The situation
During construction, protected species were discovered within the project area.
This created immediate ecological restrictions and prevented the contractor from continuing with the works as originally planned.
Access to parts of the site was limited, planned activities had to be resequenced and the contractor’s intended methodology could no longer be followed efficiently.
The restrictions affected both programme and productivity.
The contractor faced additional cost through delayed progress, disrupted working sequences, reduced productivity, extended labour and plant requirements, additional supervision and management time, changes to the planned methodology and longer project duration.
Roxburgh Murray was brought in to assess the contractual position and establish the full value of the contractor’s entitlement.
The commercial risk
The discovery of protected species created more than a simple programme delay.
The contractor faced significant commercial exposure because the ecological restrictions affected how, when and where the works could be carried out.
Without a robust contractual and evidential strategy, the contractor risked:
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Absorbing additional labour and plant costs
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Failing to recover disruption-related losses
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Understating the effect on productivity
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Carrying the cost of extended site duration
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Missing entitlement through incomplete records
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Accepting a lower valuation than the full project impact justified
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Weakening its final account position
The commercial challenge was to demonstrate the complete effect of the restrictions rather than treating the event as a single isolated delay.
Roxburgh Murray’s review
Roxburgh Murray reviewed the NEC3 contract, the ecological restrictions, the original programme and the actual sequence of the works.
The analysis focused on how the protected species discovery had changed the contractor’s planned delivery.
This included reviewing restricted access to work areas, changes to planned sequencing, delayed activities, disruption to labour and plant productivity, additional project duration, increased construction costs and the evidence supporting each element of the impact.
The review established a clear contractual basis for a Compensation Event and allowed the contractor to demonstrate that the ecological constraints had created a material change to the project.
The Roxburgh Murray approach
Roxburgh Murray developed a comprehensive recovery strategy covering both time and commercial impact.
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Reviewing the NEC3 contract
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Identifying the relevant Compensation Event
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Assessing how the ecological restrictions changed the planned works
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Analysing programme delay
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Demonstrating disruption to productivity
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Reviewing labour, plant and management costs
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Gathering contemporaneous project records
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Preparing a fully substantiated valuation
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Connecting the evidence to the contractual entitlement
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Supporting the contractor through the agreement process
The submission did not focus only on the direct cost of the ecological issue.
It demonstrated the wider effect on programme, methodology, productivity and project delivery, ensuring that the full additional value was captured.
The outcome
The Compensation Event was successfully agreed.
The contractor recovered £850,000 of additional value arising from the ecological restrictions and their impact on the project.
The outcome ensured that the contractor did not carry the financial effect of an event that materially changed the planned delivery of the works.
What this shows
This case demonstrates why environmental and ecological constraints must be assessed as a full commercial event.
The immediate issue may be restricted access or delayed work, but the wider impact can include resequencing, reduced productivity, prolonged site presence and increased management costs.
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Establish a clear contractual entitlement
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Demonstrate the full effect of the restrictions
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Evidence programme delay and productivity disruption
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Capture both direct and indirect costs
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Build a robust Compensation Event submission
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Recover substantial additional value
The director-level lesson is clear:
The value of an ecological Compensation Event is not limited to the visible delay. The full programme, productivity and cost impact must be identified, evidenced and valued.
Why it matters to construction leaders
Environmental constraints can have a significant effect on infrastructure projects.
Protected species, ecological restrictions and unexpected environmental conditions can disrupt programme and methodology with little warning.
For directors and commercial leaders, this case highlights the importance of asking:
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How has the restriction changed the planned sequence?
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What activities have been delayed or disrupted?
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Has productivity been affected?
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Are labour and plant resources remaining on site for longer?
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Has the event changed the construction methodology?
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Is the full commercial impact supported by records?
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Has the Compensation Event been valued broadly enough?
Roxburgh Murray helps clients move beyond the immediate issue and understand the complete commercial effect.
Related services
Roxburgh Murray helps clients identify, substantiate and recover the full additional value arising from ecological restrictions, delay, disruption and project change.
When an unexpected site event creates immediate commercial pressure, Roxburgh Murray provides focused support to assess the impact and develop a practical recovery strategy.
Roxburgh Murray reviews NEC contracts and project circumstances to establish entitlement, notice requirements and the strongest contractual recovery route.
Roxburgh Murray supports commercial discussions with clear evidence, robust valuation and contract-led reasoning.
Have environmental restrictions changed the value or programme of your project?
If protected species, ecological constraints or environmental conditions are delaying works or reducing productivity, the full commercial impact should be reviewed. Roxburgh Murray can assess entitlement, analyse programme and cost effects, and help recover the additional value your business is due.