Plain English Explanation
This CE arises when the Client fails to give you access to the Site (or a part of it) by the date shown on the Accepted Programme. Access dates are not just the start date — they apply to each area or section of the Site where you need to work.
Under NEC, the Accepted Programme is the live programme agreed between you and the PM. It should clearly show when you need access to each part of the site. If the Client (or a party acting on their behalf) fails to give access in time, you are entitled to claim additional time and cost.
This is particularly important on phased projects, fit-out works, and refurbishments where access to different areas is handed over in stages.
Key Takeaway
Access dates shown on your Accepted Programme are contractual obligations — if the Client misses one, notify a CE immediately; don't wait to see if the delay will sort itself out.
What This Means for Subcontractors
For subcontractors, access is typically controlled by the main contractor rather than the Client directly. Your subcontract should mirror this obligation — if the main contractor fails to provide access that is shown on your accepted programme, that should trigger an equivalent CE under the subcontract. Check whether your subcontract uses an Accepted Programme and whether access dates are clearly stated within it.
Common Risks & Disputes
- 1Access dates not being clearly recorded in the Accepted Programme, making the CE hard to substantiate
- 2Access delays caused by other subcontractors or third parties — the Client may argue this is not their obligation
- 3Delayed notification — if you continue working and adapt your programme, the PM may argue there was no loss
- 4Failing to update the Accepted Programme regularly, which can blur the baseline for access entitlement
- 5Access being given informally or progressively, making it difficult to pin down the precise date of delay
Sources
- NEC4 ECC Clause 60.1(2)— NEC4 ECC
- RICS Guidance Note: Compensation Events under NEC Contracts— RICS
- Fenwick Elliott: Access and Possession Under NEC4— Fenwick Elliott
Related Clauses
Client does not provide something by a date in the Accepted Programme
Client also failing to provide required items by programmed dates
Client or Others do not work within the conditions stated in the Scope
Others working in a way that effectively prevents your access
Client instructs the Contractor to prepare a revised programme
Revised programme instruction arising from access delay
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