The case for early contractor involvement: moving commercial tension to where it matters

14th Jul 2026

Early contractor involvement has historically been cited as best practice across the industry. When it’s approached with trust, transparency and collaboration, it demonstrates proven cost and programme certainty.

There is, however, an instinct is that it weakens commercial tension and, as a result, value for money. In the public sector particularly, where every spending decision is open to scrutiny, selecting a preferred contractor ahead of a final agreed price can feel like ceding control.

CCBP’s latest research, Constructing Certainty, challenges that assumption directly. An analysis of 412 completed projects across 55 contractors found significant cost and programme savings from earlier contractor appointment, with the benefit increasing the earlier the contractor is engaged.

For Wates, Early Contractor Involvement has created stronger conditions for collaboration and true partnership, reduced risk and demonstrated real savings to the clients they work with.

In this Q&A, Pat Fitzgerald, Chief Commercial Officer at Wates, shares his perspective on how ECI can support better decision-making, improve cost and programme certainty, and help clients move beyond lowest-price procurement towards a more collaborative, transparent and value-led approach.

Commercial tension: moved, not lost

The concern that ECI weakens a client’s negotiating hand is the most common objection raised by procurement teams, particularly in the public sector. It is also, in CCBP’s view, a misreading of how commercial tension functions across the lifecycle of a project.

“The reluctance to embrace ECI often stems from the belief that bringing in a contractor early weakens the negotiating position of the client,” says Fitzgerald. “The concern, particularly in the public sector, is that selecting a preferred contractor before the final price is agreed means you lose competitive tension, and along with it any value for money.”

“But ECI doesn’t do away with commercial tension, it simply moves it to where it matters most, into design decisions, risk management and delivery certainty. It means decisions and suppositions can be tested early, risks can be better understood, and costs can be tied down collaboratively rather than emerging as a surprise later.”

The hidden cost of lowest-price procurement

Constructing Certainty found that projects procured at RIBA stage four were consistently more likely to experience cost overruns, programme delays and in consequence, disputes.

Pat Fitzgerald, Chief Commercial Director at Wates, suggests that what looks like value on bid day frequently becomes the source of cost pressure once construction begins and unexpected issues are discovered. “Lowest-price procurement is often a false economy,” says Pat.

“You have a situation where contractors are likely to be bidding against incomplete designs or uncertain project requirements. In those circumstances there’s a natural tendency to price on what is clearly defined and manage the unknowns later. This is where, once construction starts, there can be claims, variations, programme delays and strained relationships.”

“A contractor who has had an opportunity to identify where buildability can be improved, risks mitigated or programme time shortened might set a higher price initially, but those elements potentially will deliver substantial savings over the life of the project.”

ECI in practice: Teesside University

The BIOS building at Teesside University was cited as a key example of what ECI can achieve when it is properly structured.

From the outset, Wates brought together planners, consultants, supply chain partners and the university’s own estates and education teams as a single delivery unit. In-house expertise, including SES for mechanical and electrical services and Wates’ offsite manufacturing capability for prefabricated solutions, was embedded in the project from the start. Joint visits to comparable facilities gave the team genuine insight into how the spaces would be used in practice, informing every aspect of the build. Complex challenges were resolved during design, not discovered on site.

The result was a BREEAM Outstanding state of the art laboratory for Teesside University, delivered on time and within budget, ready for the new academic term. The strength of the partnerships formed during delivery led directly to Wates being appointed to design and build Digital Life, the next phase of Teesside University’s Campus Masterplan, sequenced to begin immediately on BIOS completion.

For Wates, the project reflects the principles that make ECI work. Pat explains “at Wates, we talk about collaboration with accountability. We aim to bring delivery team expertise into the design process early enough to influence outcomes and enable great ideas to be implemented before they become expensive. The key to successful ECI is that collaboration does not replace healthy challenge.”

“The client can appoint a contractor based on their capability, experience and cultural fit, but make progression beyond the pre-construction phase contingent on the contractor clearly demonstrating value. Commercial tension is maintained through transparent cost planning, market testing of subcontract packages, independent benchmarking and agreed target costs.”

 

When ECI goes wrong

ECI’s reputation has, in some cases, been damaged by poor implementation, where early appointment was not matched by the governance structures needed to maintain accountability. Understanding what bad ECI looks like is as important as understanding what good ECI achieves.

Pat explains: “Poorly administered ECI is when contractors are appointed early but there are no defined deliverables, transparent costing mechanisms or meaningful performance measures.”

He highlights that strong governance is the key to delivering successful early contractor involvement. “ECI should never mean handing over control or ceding all the risk,” says Fitzgerald. “The client needs to retain strong governance over the process, establishing measurable results for the pre-construction phase and decision points where progress and value can be assessed. Risk should be fairly allocated across contractor and customer, not entirely transferred to contractors.”

“Without these controls the process can drift, decisions can become opaque and that’s where confidence in the approach quickly erodes. Poor practice in an ECI model is a lack of cost transparency, unclear allocation of risk, poorly defined exit provisions, a lack of engagement with the wider supply chain and no independent challenge.”

The public-sector value-for-money question

For public-sector clients, demonstrating value for money is both a legal obligation and a reputational one.

“Value for money isn’t synonymous with lowest cost; it’s about achieving the best possible outcome from the public investment,” says Pat. “Ultimately, the question should not be, ‘Did we appoint the cheapest contractor?’ It should be, ‘Did we deliver the best outcome at the best overall value?”

As Pat explains, properly administered early contractor involvement helps clients demonstrate value for money, providing an audit trail, cost transparency and risk management records that procurement teams require.

 

“Public-sector clients have the responsibility of managing taxpayers’ money wisely, and that includes managing risk effectively. ECI offers an opportunity to identify and mitigate risks before they crystallise into something that requires additional spend or leads to delays during delivery. They can demonstrate public money is being managed responsibly through open-book methods, independent cost checks, competitive sourcing and maintaining clear records of decisions.”

Concluding, Pat says: “In my view, ECI brings greater certainty to all parties and shifts the dial from a contracting process that is inherently adversarial, to one that is based on building lasting, trust-based relationships.”

 

Discover the findings

Too often, procurement manages risk through process rather than through collaboration. Lowest-price tenders, short windows and late engagement push risk down the supply chain, and problems surface too late to fix within budget.

In CCBP’s view, procurement needs to shift from adversarial processes to one built on transparency and trust.The case for doing so has never been stronger.

For the full analysis of 412 public sector projects and the case for earlier contractor involvement, download Constructing Certainty here.

Download ECI Report