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Answered: NEC ECC: Access Dates

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As you correctly state, the fact that the Employer did not allow access by the access date shown on the Accepted Programme means that it is a compensation event under clause 60.1 (2).

There is no provision to change an access date by a compensation event, although whatever access date you put in a submitted programme would, effectively, be the revised ‘access date’ as clause 31.2 refers to ‘access to a part of the Site … later than …. (the) access date’.  If this programme was accepted, then there would be an obligation upon the Employer to provide access by the stated date, where so described, or the matter would be a compensation event, under clause 60.1 (3) or (5).

The issue of planned Completion and terminal float depends upon how the initial compensation event has been assessed and what date has been (was) used to assess the time affect.  If you used the date forecast by the Principal Contractor, then the Employer giving access earlier would not change the assessment, just prevent the matter from becoming another compensation event.

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