How should I state the site boundary in Contract Data part 1 for a design and build contract where the site boundary will only be finalised when the design part of the contract is complete?
For example, if the contract is for a pipeline and the contractor - as part of the design - is to determine the best route for it.
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The boundaries of the site are usually shown on a drawing, which is easier to identify than by providing a worded explanation. Where they may change, as detailed in your above example, then you could either identify the maximum anticipated extent or you would need to change the definition as a contract variation.
The Site is important as the Employer is obliged to provide the Contractor with access to this area, so they need to be certain that they have the right to do this.
Under NEC3 the extent of the Working Areas are also of significance, although they can be more readily amended under the contract terms.
Thank-you Andrew. We would normally provide a drawing (as you say, it’s easier!) and based on your response this should show what we have already negotiated access to. If we accept an alternative that the Contractor proposes and which is outside the extent of our access, then a variation to the Contract will be necessary.
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