The NEC Site definition is the area within the boundaries stated in the Contract Data, plus the space above and below it that the work affects. So the Site is three-dimensional: a crane's airspace or a piling depth may fall inside it, even though the plan shows only an outline on the ground.
The definition is in clause 11.2 (item 15 in NEC3 ECC). It's easy to treat as a formality until something goes wrong at the edge of it. Then the question of whether a thing happened "on the Site" decides who pays. This page is part of the NEC definitions glossary.
Site, Working Areas and Site Information
| Term | What it is | What it's mainly for |
|---|---|---|
| Site | The stated area plus the affected space above and below | Access, physical conditions, work by Others |
| Working Areas | The Site, plus other areas identified for this job | Cost recovery, title, and where work is done |
| Site Information | Documents describing the Site and its surroundings | What the Contractor is taken to know about conditions |
A site compound might sit in the Working Areas and not on the Site. The two aren't interchangeable.
Where the line matters
- Access. The Client has to let the Contractor into the Site, and use it, by the access dates, and late access can be a compensation event under 60.1(2).
- Physical conditions. 60.1(12) concerns conditions within the Site. Ground problems outside it fall under a different analysis.
- Others. 60.1(5) covers the Client or Others doing work on the Site that the Scope doesn't state.
- Objects. Clause 73 covers objects of value or historical interest found within the Site, and the Contractor has no title to them.
- Equipment. The Contractor removes it from the Site when it's no longer needed, unless allowed to leave it (72.1).
A worked example
A fictional railway footbridge. The Contract Data says the boundaries of the site are shown on a named drawing as a red line around the two ramps.
| Event | Inside the Site? | Likely consequence |
|---|---|---|
| An old mine shaft found below ramp A, in the piling zone | Yes. It's in a volume the work affects | 60.1(12) can be considered on its usual test |
| Tower crane jib oversails a neighbour outside the red line | Not obviously. The airspace beyond the boundary wasn't given | The Contractor needs its own oversail licence, unless the Scope says otherwise |
| Contaminated soil just outside the red line, in a laydown area the Contractor chose | No | 60.1(12) doesn't apply, and the Contractor's choice of location is its own risk |
| The Client's fibre contractor digs inside the red line without warning | Yes | A possible 60.1(5) event |
Why it causes problems
- Weak boundary drawings. "The site as visited at tender" or a thick line on a small-scale plan gives rise to endless argument. Name a drawing and revision, at a sensible scale, with coordinates if you can.
- Forgetting temporary needs. If the Contractor needs a road closure, oversail or a compound on land next to the Site, it isn't automatically available. The Scope or Contract Data should deal with it.
- Treating a moving site as fixed. On linear jobs, access may be phased. Use separate access dates for each part so the 60.1(2) test can work.
- Exclusive possession assumptions. Access doesn't necessarily mean exclusive use. The Contractor shares the Working Areas with Others as the Scope says, under clause 25.1, and the Scope should make such sharing clear.
- Using "site" loosely. In a report, "on site" might mean the compound. In a clause, only the defined area counts. See the guide to access dates for how the term plays out in the programme.
Check before you sign
- Can someone walk the boundary with the drawing and say what's in and out?
- Do depth and height limits need stating, for example near rail, utilities or an airport?
- Is every area that the Contractor needs either in the Site or in the Working Areas entry, or is it clearly the Contractor's own job to arrange?
- Do the Site Information documents cover the whole area, including the depth you expect to work at?
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