As a Contractor is allowed to use the Site on the access date but there is lack of site access. Is it a CE under NEC3?
The compensation event at 60.1 (2) refers to both ‘access to’ and ‘use of’ the Site.
It would depend upon what the cause of the ‘lack of site access’ is, as to whether the matter constitutes a compensation event. It is implied by clause 33 that the Employer’s obligation is to ‘facilitate’ access and not simply to have ‘no objection’ to it occurring. For example if another contractor is working on the Site and restricts access by their activities, unless the contract provides for this then it would be a breach of the Employer’s obligation and a compensation event under 60.1 (2), 60.1 (3) or possibly 60.1 (18).