Boundaries of the Site

We are compiling an NEC3 ECC Opt B and are debating if the Boundaries of the Site should include the area identified by the Employer for use as welfare / coumpound / stores.

The area is approx 250m beyond the works extents.

We are of the view it shouldnt but our Employer believes it should.

Clarification on the above would be appreciated.

Clause 11.2 (15) states that the Site is the area within the “boundaries of the the site” (italics) and the volumes above and below it which are affected by work included in the contract.

The “boundaries of the the site” is identified in CD Part 1, which you are now in the process of drafting.

The area designated for use of welfare / compound / stores will be affected by the works of your contract e.g. when you have material deliveries, equipment, labour signing-in, inductions etc. and is therefore part of the Site.

Since the Site, according to the definition, is the area within the “boundaries of the site”, it follows that the boundaries should include the 250m2 compound area, as the Employer suggests.

Hi Peter, thank you for your reply.

Could I clarify - if the site compound and welfare location offered to the Contractor by the Employer for use is 1 mile from the working area, then is it correct (or acceptable) that the drawing which defines the “boundaries of the site” (italics) should in fact show two boundaries - one denoting the working areas, and the other the location of the compound?

In short, is it acceptable to have more than one boundary?

No problem at all.

I cannot see any restriction in the NEC3 ECC with regards to designating more than one set of boundaries - so I would say that your suggestion is practical.

Keep in mind though that strictly, according to strict definition in 11.2 (15), the second set of boundaries would also contain part of the Site - unless this is amended by a z-clause etc, although I don’t see a reason because the Site is mentioned in many clauses related to programme, compensation events, title, risk, termination and changes to the law (if X1 is chosen).

I hope the above helps.