Construction Law/Start works without Access to site
We are starting a construction project in Bosnia (Fidic Red BOOk 1999)and we already received the Commencement Date. We were supposed to receive also the Access to site but it seems that the Employer has some issues with some expropriation for a small plot. Therefore, the Employer has the interest to start the works as soon as possible and wants to sign an agreement with us, to receive the Access to the site 70 days after the Commencement date, waiving our right for any Claim related to this delay. As we agree with this request we would like to know if we can really start the works and access the site before receiving a formal Access to Site. I shall mention that the agreement only mentions that the Access of site will be given in 70 days after Commencement Date and that the Constructor will not issue any Claim with regards to this.
We have requested the Employer to give us a partial access to the site (excluding the access for the plot with issues) but they replied to us that taking into account sub-clause. 18.104.22.168-Annex to the Tender-"" Sections- works are not divided into sections- they can not give a partial access to the site. Is their interpretation correct regarding the Sections? Is it wise to sign this agreement and start the works without the proper access to site?
I am taking opportunity to reply your query regarding to start the work without access to the site.You have been already notify by the Engineer the commencement date as you mentioned.
In the contract contract it is mentioned that access of site will be given in 70 days after commencement date.
In the NIT, it was mentioned that works are not divided into sections.
reply are as below
1. Sections means homogeneous part of the project.
2. Agreement may signed and start the work; if any delay in providing access to site after 70 days period, you will be liable to claim an EOT under clause 8.4 for such delay in access to site and to make claim under clause 20.1 for loses also.
If access to site is an obstruction to start with the work for a period of 70 days then you have to notify the same to the Engineerfor such loses of idling of machinery and plants, manpower for claim under 20.1 and for an EOT under clause 8.4.
I hope this will help to you.