Can anyone tell me where in the NEC4 Engineering and Construction Contract is the term “starting date” defined? The Contract date is obviously defined. The term “starting date” is used frequently throughout the contract and in Contract Data Part One but I do not see a clear definition of the term.
I have seen other questions answered in Built Intelligence where it has been described as (paraphrasing) “the date when the Contractor commences work on the project”. From which of the standard documents has this been established/ derived? Is the term “starting date” interchangeable with Contract Date and, if so, where does the contract say/ indicate this?
The reason I ask is that our company has a contract on the cusp of being awarded, the documents for which specify (in the ITT) that the “construction phase” commences one week after the contract award date (contract date). However, in Contract Data Part 1 the starting date and the (first and only) access date are on the same day. Thank you.
The term ‘starting date’ is an identified term and should be stated in Contract Data part 1 under section 3 ‘Time’ as the 1st entry.
As you say, the term is used in numerous instances including; Early Warning Register, submission of revised programme for acceptance, payment assessments, etc.
In practical terms I would agree that it is ‘the date when the Contractor commences work on the project’, (except for provision of insurance certificates).
The access date is when access is given to (parts of) the Site to commence work on Site.
The Contract Date is a defined term and is when the contract came into existence which would be determined by the ‘rules’ of contract formation (offer, acceptance, consideration etc), although a specific date is sometimes stated in a corresponding form of agreement.
As your ‘starting date’ and ‘access date’ are the same, if access is not allowed by this date then the matter would be a compensation event.
Hi Oliver,
Just a small add to Andrew’s reply, if you look for the terms in the index at the back of the ECC contract you’ll see a list of all of the clauses that use them, this will help you understand when they apply and to what, etc.