An NEC access date is the date in the Contract Data when the Contractor can get onto and use a part of the Site. The Contractor doesn't start work on the Site before the first access date. Under clause 33.1, the Client owes access by the later of the access date and the programme's own date for that access.
That "later of" rule catches people out. The numbering is the same in NEC3 ECC and NEC4 ECC. This page explains how these dates work; for the bigger picture, see the NEC programme guide.
What the Contract Data says
| Entry | Purpose | Example (fictional) |
|---|---|---|
| Starting date | The date revised programme intervals run from and, under NEC4, the first Early Warning Register and meeting are timed from | 1 March |
| Access dates | A table of parts of the Site and dates | Compound area, 8 March; Plot A, 15 March; Plot B, 3 May |
| Completion Date | Set by the Client or the Contractor, as the Contract Data provides | 30 November |
The starting date and first access date can differ. A gap between them lets the Contractor carry out off-site planning, design or procurement before getting on Site. It can work on those from the starting date, but can't begin on the Site before the first access date (30.1).
The "later of" rule
| Access date in the Contract Data | Date on the Accepted Programme | Access due by | Why |
|---|---|---|---|
| 3 May | 10 May | 10 May | The Contractor has said it doesn't need it until then |
| 3 May | 12 April | 3 May | A programme can't pull the access date forward |
| 3 May | None shown | 3 May | The access date applies |
The first row has a practical result: a Contractor showing a later date on its Accepted Programme gives up the earlier one for now. Clause 31.2 requires the programme to show when access will be needed if that is later than the access date, so the rule tends to work in the Client's favour once accepted. Don't push out programme access dates without thinking through what you give away. The second row has an equally practical result: a Contractor can't win earlier access by showing it on a programme.
Late access is a compensation event
If access isn't given by the later of those two dates, 60.1(2) applies. The Contractor notifies it, and the delay and cost are assessed in the normal way: the effect on planned Completion, not simply the number of days late. Late access to a part of the Site that isn't critical may produce cost but no time. The late access compensation event page goes into the detail.
Keep in mind that access is more than a gate key. 33.1 covers both getting to and using the parts of the Site the Contractor needs. If a part is handed over but can't be used because of Others on it, an argument about use may follow.
A worked example
A fictional housing site, with illustrative dates. The access date for Plot B is 3 May, and the Accepted Programme shows Plot B access on 3 May too. The Client doesn't complete its land purchase until 24 May. On the same programme, the foundations on Plot B have two weeks of float before they affect planned Completion.
- The Contractor gives an early warning when it hears of the risk, ideally in April.
- It notifies the compensation event once it knows access is late.
- Three weeks of delay less two weeks of float moves planned Completion by one week, so the Completion Date moves one week. Cost is assessed separately, for example for standing resources.
If the Contractor had missed the early warning and an experienced contractor could have given it, the Project Manager can state that in the instruction to quote, and the assessment is adjusted accordingly. See missed early warnings.
A checklist before you start
- Read each part of the Site's access date, and match it to the Site as the Site Information and Scope describe it.
- Note any Scope constraints on use, such as restricted hours or shared access with Others.
- Show access dates and later needs on the first programme, so 60.1(2) has a clear test.
- Photograph and record the handover of each part, and note its actual date and condition.
- Record who has what: a part can be shared, and sharing it affects use.
Under the ECS, the same structure applies, using subcontract access dates, and the Contractor gives access rather than the Client. If the main contract's access is late, consider what your subcontract says before passing a date on.
Related guides
- The NEC Programme: A Complete Guide
- Acceleration Under NEC
- Using the Programme to Assess Compensation Events
- NEC Programme Review Checklist
- Key Dates in NEC
- Sectional Completion
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This guide is general information in our own words, not legal advice. Your contract and its Contract Data always govern. NEC, NEC3 and NEC4 are trade marks of Thomas Telford Ltd; Contract Status is not affiliated with or endorsed by NEC.