Access Route to Site (Pedestrian Crossing with Lights)

We are the Contractor under an NEC3 Option A ECC.

The employer is obliged to provide car parking for site workers and has recently moved the location of the site car park.

This car park is next to a busy road and we recently had a ‘near miss’ for one of our employees as he attempted to cross the road.

This new car park was used previously on an earlier phase of the project and the employer provided a zebra crossing with lights to make road crossing safer. The employer has not provided the road crossing this time.

We are going to install a temporary crossing with lights as this is a real H&S issue. However would we have any recourse to the PM for a CE in these circumstances, if so under which subclause?

Peter, without getting into much detail, if the car parking which the Employer is obliged to provide - where originally located in the Works Information - has been changed, that is a change in the Works Information which the PM have probably instructed (see clause 60.1 (1).

Following the notification of the CE above (if it was not done when the PM gave the instruction) and acceptance by the PM, you should include the cost and time impact in your quotation, including the H&S measures you correctly took.

I will not say more, because it could be as simple as that - however, if things are more complicated, please fee free to revert.