The Contractor was instructed not to start work on the agreed access date, this instruction was given before the access date, would this be a CE under clause 60.1 (2) or Clause 60.1 (4) of the NEC3 ECC Option A contract?
In this example what is the difference between the two clauses in practice?
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If you were instructed not to start, presumably by the Project Manager, its 60.1(4). You’ll see that 60.1(2) is about the Client not allowing access, and that’s not what happened.
I would point out that it doesn’t really matter in terms of changes to the Prices or Completion Date; even if it were 60.1(2) I think the delay and therefore the cost is likely to be exactly the same.
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