2.1 THE RIGHT OF ACCESS TO, AND POSSESSION OF, THE SITE
One of the most important of these responsibilities is to provide the right of
access to, and possession of, the site.
The site means the places where the permanent works are to be executed
and any other places specified in the contract as forming part of the site.
Access and possession must be given within the times stated in the contract
documents. If no times are stated, they must be given so as to allow the
Contractor to proceed without disruption.
The right of
access which the Employer must give is the legal right to enter
and leave the site; that is, it is the Employer ’ s job to make sure the Contractor
can come and go at the stated times (if any), or so as to enable him to proceed
without disruption.
The right of
possession , which the Employer must also give, is the legal right to
occupy and control the site to the extent necessary for the execution of the works.
It is important to note that neither the right of access nor the right of pos-
session is (unless otherwise provided for under the contract) exclusive to the
Contractor: that is, he might have to share these rights with other contractors.
If those other contractors interfere with the works while also accessing and
using the site or parts of it, then the Contractor might have the basis for a
claim against the Employer under clause 2.3. Under that clause, the Employer
is responsible for ensuring that his other contractors on site cooperate with
the Contractor to permit him to carry out the relevant works (and the
contractor has a similar duty to cooperate under Clause 4.6).