NEC ECS: Can you have a CE under 60.1(2) after access has first been provided?

The Contractor has provided access to the site on time, however, since they have initially provided access to the site they have undertaken works in part of the site which has caused our works to stop until they complete their works and move their equipment.

We have notified the contractor of a compensation event under cl 60.1(2) as they have not allowed access to part of the Site. The Contractor has since rejected the compensation event stating that they did provide access on the access date.

Is the Contractor correct in his view that access only needs to be provided once?

The Contractor is not correct. Because they have granted you access on time once does not then remove the ability to use 60.1 (2) again if you are not granted access ‘later of the access date or the date shown on the accepted programme’.

It sounds as though Others are working on the Site and are restricting you access to an area you require, this is a CE.

This is dependant on you not having any other access dates and that your boundaries are clear.

Arrange a meeting with the Project Manager to discuss the issue and then raise this CE again.

By the strict words of the contract, they might be correct. However, there are almost certainly other compensation events headings you can notify under. For example:
60.1 (3) as they are not providing ‘something’ by the dates on your Accepted Programme (if access is shown as a bar, then each day)
60.1(5) in which all three bullets could apply, but especially the last
60.1(8) a changed decision: they said they would give access, they physically are not.

Further you would not be time-barred as you have “notified a compensation event” - albeit perhaps under the wrong heading - “within 7 weeks” of becoming aware that the event has happened".